like the stranger. It differs from the sick wife because the lack of maintenance for her is due to the lack of need, not due to a defect in the cause that necessitates it, so that does not prevent the establishment of her dependency, unlike the rebellious wife. The same applies to every woman whose maintenance is not incumbent upon him, such as a woman with whom the marriage has not been consummated and who has not been handed over to him, and a young girl with whom it is not possible to enjoy, for her maintenance and her Fitra are not incumbent upon him, because she is not among those whom he supports.

Section: As for slaves, if they are not for trade, their Fitra is incumbent upon their master. We know of no disagreement regarding this. If they are for trade, their Fitra is also incumbent upon him. This was the view of Malik, al-Layth, al-Awza'i, al-Shafi'i, Ishaq, and Ibn al-Mundhir. Ata, al-Nakha'i, al-Thawri, and the People of Opinion (Ashab al-Ra'i) said: Their Fitra is not incumbent upon him, because it is a Zakat, and two Zakat payments are not mandatory on a single property, and Zakat of trade has already become mandatory upon them, so the obligation of another Zakat is prevented, like grazing livestock (sa'ima) when it is for trade. Our evidence is the generality of the hadiths and the statement of Ibn Umar: "The Messenger of Allah (peace and blessings of Allah be upon him) obligated Zakat al-Fitr upon the free man and the slave." In the hadith of Amr ibn Shu'ayb: "Verily, Zakat al-Fitr is obligatory upon every Muslim, male or female, free or slave, young or old." Furthermore, their maintenance is obligatory, so their Fitra is also obligatory, like domestic slaves (abid al-qunya). Or we say: A Muslim whose provision is mandatory, his Fitra is also mandatory, like the principal case. Zakat al-Fitr is mandatory upon the body, which is why it is mandatory upon the free, while Zakat of trade is mandatory upon the value, which is the property; this is unlike grazing and trade, for they are both mandatory due to one property. When the slaves of trade are in the hands of the Mudarib (capital manager), their Fitra must be paid from the Mudaraba wealth because their provision is from it. Ibn al-Mundhir narrated from al-Shafi'i that it is upon the capital owner. Our evidence is that the Fitra is dependent upon maintenance, which is from the Mudaraba wealth; therefore, the Fitra is the same.