the ability to manumit, and then he becomes able to do so, he is not obliged to proceed to manumission, unless he wishes to manumit, in which case it suffices him, and he would have performed the more meritorious act. This is the opinion of al-Shafi'i. Abu Hanifah said: He is obliged to proceed to it, because he became able to fulfill the original obligation before performing the mandatory duty with the substitute, so the ruling of the replaced act is voided, like a person performing tayammum (dry ablution) who then sees water. Our argument is that he has embarked upon the mandatory expiation, so it suffices him, just as it would if the inability continued until its completion. Manumission differs from tayammum for two reasons: First, that tayammum does not remove the state of ritual impurity (hadath), but merely masks it; so when water is found, its ruling becomes manifest, unlike fasting, for it removes the ruling of the intercourse entirely. Second, that fasting is of long duration, so it would be burdensome to require him to combine it with manumission, unlike wudu (ablution) and tayammum.
496 - Issue: He said: (If he is unable, then he must feed sixty poor persons, for each poor person a mudd of wheat, or half a sa' of dates or barley.)
We know of no disagreement among the scholars regarding the inclusion of feeding in the expiation for intercourse during Ramadan in general, and it is mentioned in the report. What is obligatory in it is feeding sixty poor persons, according to the opinion of the majority of them, and it is also in the report. Because it is feeding in an expiation that involves fasting for two consecutive months, so it is feeding sixty poor persons, like the expiation for zihar. They differed regarding the amount to be fed to each poor person. Ahmad went to the view that for each poor person there is a mudd of wheat, which is fifteen sa's, or half a sa' of dates or barley, so the total is thirty sa's. Abu Hanifah said: Of wheat, for each poor person [there is] half a sa', and of other than it, a sa'; because of the statement of the Prophet (peace be upon him) in the hadith of Salamah ibn Sakhr: "Feed a wasq of dates." Narrated by Abu Dawud. Abu Hurayrah said:
(8) In A and B: "al-badal". (1) Omitted from: the original, A. (2) Omitted from: A. (3) In the chapter on zihar, from the book of divorce. Sunan Abi Dawud 1/513.