Taking the oath of Zhihar then fondling his wife

Q: Once I took an oath saying to my wife in a fit of rage: "You will be unlawful for me like my mother and sister until the time of my traveling." I was going to travel to Saudi Arabia. During this period, I tried to have sex with her but she refused, for I took the mentioned oath. On the same day, she fondled me to satisfy me and I fondled her too until I ejaculated on the back of her thigh on the underwear.After performing Ghusl (ritual bath following major ritual impurity), I went to a Shaykh and asked him about what happened. He recited to me some verses of Surah Al-Mujadilah from Ayah no. 2 to (Part No. 20; Page No. 312) no. 4 and said, "You have to pay a Kaffarah (expiation), which is to free a slave." I said, "I can not." He said, "You have to fast two months." I said, "I can not because I take medication three times a day." He said, "You have to feed sixty needy persons from the average food of your own family." So I fed sixty needy people on the same day and my wife distributed them herself to the needy; each one an Egyptian Pound. When I traveled to Saudi Arabia after six months, I asked some Shaykhs. Some of them said that what I did was right and others advised me to go to the Ifta' House to ask Shaykh `Abdul-`Aziz ibn `Abdullah ibn Baz (May Allah protect him). Was what happened unlawful and what is the ruling on the sexual intercourse? Could you please advise? May Allah reward you with the best.

A: What you have said is considered Zhihar (a man likening his wife to an unmarriageable relative) and you have to offer the Kaffarah. The Kaffarah for Zhihar is freeing a slave, and if you can not afford, you have to fast for two consecutive months and if you can not, you have to feed sixty needy persons; half a Sa` for every needy which equals one and half kilograms from the average of the commonly known food of the country. It is not permissible to pay money instead of food. Allah (Exalted be He) says, And those who make unlawful to them their wives by Zihâr and wish to free themselves from what they uttered, (the penalty) in that case is the freeing of a slave before they touch each other. That is an admonition to you (so that you may not repeat such an ill thing). And Allâh is All-Aware of what you do. And he who finds not (the money for freeing a slave) must fast two successive months before they both touch each other. And he who is unable to do so, should feed sixty Miskîns (poor). (Surah Al-Mujadilah). (Part No. 20; Page No. 313) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.