Our evidence is the saying of Allah the Almighty: {And upon the heir is the like of that} (1). The Prophet—peace and blessings of Allah be upon him—said: "Your mother and your father, your sister and your brother, then your nearest, then your nearest, and your mawla (freedman) who succeeds that, as a mandatory right and a bound kinship" (2). Also, because he inherits from him by ta'sib (residuary share), his maintenance is thus upon him, like the father. The conditions mentioned for others are required for the obligation of maintenance upon him.

Section: If his master dies, the maintenance is upon the heir among his 'asabat (residuaries), according to what has been clarified in the chapter on Wala' (3). It is mandatory for the master to provide maintenance for the children of his freedman if he holds wala' over them; because he is their 'asabah and their heir. He is also responsible for the maintenance of the children of his freedwoman (4) if their father was a slave as such; but if their father was emancipated and the wala' transferred to his emancipator, their wala' becomes (5) for the emancipator of their father, and their maintenance is upon him, once the conditions are completed. There is no maintenance upon the freedman (6) for his emancipator, even if (7) he is poor; because he does not inherit from him. If each of them is the mawla of the other, such as if a combatant (harbi) emancipates a slave, then the slave captures his master and emancipates him, then upon each of them is the maintenance of the other; because he inherits from him.

1387 - Issue: He said: (And if a slave woman is married, her husband is liable for her maintenance, or her master, if he is a slave).

Its summary is that the husband of a slave woman must either be free, a slave, or partially free (2) and partially slave (3). If he is free, her maintenance is upon him, due to the text and the consensus of the scholars on the obligation of the maintenance of wives upon their adult husbands, and the slave woman is included in their generality. Also, because she is a wife who enables access to herself, therefore her maintenance is mandatory upon her husband, like a free woman. If her husband is a slave, then maintenance is mandatory for his wife for that reason. Ibn al-Mundhir said: Everyone I remember (4) among the scholars has reached consensus that the slave is responsible for the maintenance of his wife. This is the view of Al-Sha'bi, Al-Hakam, and Al-Shafi'i. The scholars of opinion also held this view if he has provided her a house. It was narrated from Malik that he said: Her maintenance is not upon him; because maintenance is a form of compassion (muwasah), and he is not one of those capable of it, and for that reason, the maintenance of his relatives is not mandatory upon him, nor is the Zakat of his wealth.