The first is that maintenance is obligatory despite a difference in religion. This is the school of al-Shafi'i, because it is maintenance that is obligatory given an agreement in religion, so it remains obligatory despite a difference, such as the maintenance of a wife or a slave (25). Furthermore, he is manumitted (26) by his relative, so it is obligatory upon him to provide maintenance for him, just as if their religions were in agreement. Our view is that it is an act of consolation (muwasah) by way of kindness and kinship, so it is not obligatory despite a difference in religion, like maintenance of those outside the vertical line of lineage. Also, because they are not mutual heirs, maintenance is not obligatory for one upon the other by virtue of kinship, just as if one of them were a slave. This differs from the maintenance of wives, because that is a recompense (iwad) that is obligatory even with insolvency, so a difference in religion does not invalidate it, like the dowry and wages. The same applies to the obligation with slavery for both or one of them, and likewise the maintenance of slaves. Moreover, emancipation through him is nullified by the rest of the prohibited blood relatives (dhawi al-rahim al-mahram), for they are emancipated despite a difference in religion, [yet there is no maintenance for them along with that; and because this is a kindness and consolation, it is not obligatory with a difference in religion] (29), like paying his Zakat to him, his blood-money (aql) on his behalf, or inheriting from him.

The third case is that the relative is excluded from inheritance by someone who is closer than him, in which case it is considered: if the closer relative is wealthy, the maintenance is upon him, and nothing is upon the one excluded by him, because the closer relative has a better right to the inheritance than him, and thus has a better right to provide maintenance. If the closer relative is insolvent, and the one he is maintaining is from the vertical line of lineage, his maintenance becomes obligatory upon the wealthy person. The Qadi mentioned, regarding an insolvent father and a wealthy grandfather, that the maintenance is upon the grandfather. He also said, regarding an insolvent mother and a wealthy grandmother, that the maintenance is upon the grandmother. Ahmad has stated: He should not give Zakat to his daughter's son, because of the saying of the Prophet (peace and blessings of Allah be upon him): "Indeed, this son of mine is a sayyid (master)." He called him his son, and he was his daughter's son. And when it is forbidden to give Zakat to them due to their kinship, it must be that their maintenance is incumbent upon him when they are in need. This is the school of al-Shafi'i. If he is from outside the vertical line of lineage, maintenance is not obligatory upon him when he is...