1388 - Issue: He said: (And if she is a slave woman who resides at night with the husband and during the day with the master, each of them shall provide maintenance for the period of her stay with him.)

This issue has been previously addressed (1), and we mentioned that maintenance is in exchange for enabling access, and that is found during the night, so maintenance is mandatory upon the husband for that time, while the remainder of it is upon the master, by virtue of the fact that she is his property and no maintenance for her is mandatory upon anyone else during that time. Therefore, in this case, each of them bears half the maintenance. This is one of the two views of Al-Shafi'i. He said in the other: She has no maintenance upon the husband because she did not enable access to herself for the entire time, so nothing of the maintenance became due to her, like a free woman if she offered herself only during one of the two times and not the other. Our evidence is that the access made mandatory by the marriage contract has been found, so she deserves (2) maintenance, like a free woman if she enables (3) access to herself outside the times of the obligatory prayers, mandatory fasting, and the obligatory Hajj. She is distinct from the free woman if she refuses during one of the two times, for she has not offered what is mandatory, and thus she is recalcitrant (nashiz), whereas this one is neither recalcitrant nor disobedient.

1389 - Issue: He said: (If she has a child, he is not responsible for the maintenance of his child, whether it is free or a slave, and their maintenance is upon their master.)

Meaning, the slave woman; her husband is not responsible for the maintenance of [his child from her] (1), even if it is free; because the child of a slave woman is a slave to her master, as the child follows its mother in slavery and freedom. Thus, their maintenance is upon their master, not their father, for the slave is more specifically connected to his master than to his father. For this reason, there is no guardianship (wilayah) between him and his father, nor inheritance, nor financial support, and all of that belongs to the master. It has been narrated from Abu Abd Allah, may Allah have mercy on him, [another report] (2) that the child of a free man is free, and his father is responsible for his ransom. According to this, their maintenance is upon him. If the master were to free the child, or make its emancipation conditional upon its birth (3), or were to marry the slave woman under the condition that she is free, then his children from her would be free, and their maintenance would be upon their father in all these instances, provided he is free and the conditions of maintenance are fulfilled in his regard.