All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
According to the Shafi'i Madhhab, which is the majority opinion among scholars, a person who is unable to fast as expiation for killing cannot transition to feeding the needy. Rather, the obligation to fast remains upon him until he dies. After his death, his relatives have the choice to fast on his behalf or to feed sixty poor people. This ruling is based on the apparent meaning of the Quranic verse (What means): "And if there is [in his clan] one between whom and you there is a relationship [of obligations] - a blood money to be given to his family and the freeing of a believing slave. But whoever cannot find [one to free], then it is fasting for two consecutive months as repentance to Allah. And Allah is Knowing and Wise" [An-Nisa`/92].
Imam Al-Shirbini (may Allah have mercy on him) states: "The expiation for killing is like that of Zihar* (in its order): first, freeing a slave, and if unable to do so, fasting for two consecutive months, as indicated by the verse. However, feeding the needy is not included for inability to fast, according to the more apparent opinion, as it is restricted to what is stated explicitly in the text. In expiations, one adheres to the text and not analogy, and Allah did not mention in the expiation for killing anything other than freeing a slave and fasting. Based on this, if one dies before fasting, feeding the needy is carried out from their estate, similar to a missed fast of Ramadan."[Mughni Al-Muhtaj/Vol.5/P.377].
In cases where fasting becomes excessively difficult, or due to a medical condition that makes fasting extremely burdensome, it is permissible to delay the fasting until the individual has the strength to fulfill this expiation. Sheikh Al-Islam Al-Imam Al-Nawawi (may Allah have mercy on him) stated: "As for expiation, if it is due to an unintentional act, such as the expiation for accidental killing or certain cases of oath-breaking, then it can be delayed without dispute, as the person is excused. However, if it is due to a deliberate act, is it required immediately or can it also be delayed? There are two views reported by Al-Qaffal and fellow scholars. The more correct view is that it must be done immediately." [Al-Majmu' Sharih Al-Muhadhdhab/Vol.3/P.70].
The Shafi'i school, in an opinion that opposes the officially relied-upon view (Mu’tamad), and the Hanbali school in one of their opinions, held that if someone is unable to fast as expiation for accidental killing, it suffices to feed sixty needy people, providing each with a Mudd of food as a minimum. This opinion is justified by the argument that when fasting becomes impossible, the only remaining option for fulfilling the expiation is feeding. Additionally, this view draws an analogy to the expiation for Zihar and the expiation for invalidating fasting through intercourse during Ramadan. It is stated in Al-Muhadhdhab by Al-Shirazi (Vol.19/P.185): "One opinion is that he must feed sixty needy people, giving each a Mudd of food (a traditional measurement of food), because this is an expiation that requires either freeing a slave or fasting two months. Thus, feeding sixty needy people becomes obligatory by analogy with the expiation for Zihar and intercourse during Ramadan. The second opinion is that feeding is not obligatory."
Al-Imam Ibn Qudamah, may Allah have mercy on him, said: "The second opinion is that it is obligatory to feed sixty needy people, because it is an expiation that includes either freeing a slave or fasting two consecutive months. Therefore, feeding sixty needy people is required when neither of these options are available, just as with the expiation for Zihar and breaking the fast in Ramadan. Although it is not explicitly mentioned in the Quran, it has been mentioned in similar cases and is thus analogized to them." [Al-Mughni/Vol. 8/P.517].
This view, which permits transitioning to feeding sixty needy people for someone unable to fast, can be chosen for issuing a fatwa. This approach aligns with the intended purpose of the expiation, which is to cover the sin and imperfection of the person in relation to Allah, the Exalted. It also serves to compensate for the failure in fulfilling the obligation. The analogy to the expiation for Zihar and invalidating the fast by having intimate relations during the day in Ramadan supports this view.
Based on this, there is no objection for someone unable to fast in the expiation for unintentional killing to feed sixty needy people, giving each one a Mudd, in hopes of covering their shortcoming. This follows the view contrary to the established position in the Shafi'i school and the alternative opinion in the Hanbali school. And Allah, The Exalted, Knows Best.
* Zihar means a husband telling his wife: "You are to me like the back of my mother." The schools concur that if a husband utters these words to his wife, it is not permissible for him to have sex with her unless he atones by freeing a slave. If he is unable to do so, he should fast for two successive months. If even this is not possible, he is required to feed sixty poor persons.
