along with their presence, and likewise in their absence, just like slaves. It is also possible that their Fitra is not mandatory during their absence, because he is not required to send them maintenance, nor can he claim back past maintenance expenses.
Section: As for the slaves of his slaves: if we say that the slave does not own them through acquisition, then the Fitra is upon the master because they are his property. This is the apparent view of the speech of al-Khiraqi, and the opinion of Abu al-Zinad, Malik, al-Shafi'i, and the People of Opinion. If we say he does own them through acquisition, it has been said: their Fitra is not mandatory upon anyone, because the master does not own them, and the slave's ownership is deficient. The correct view is the obligation of their Fitra, because their Fitra follows maintenance, and their maintenance is mandatory, so their Fitra is likewise. The completeness of ownership is not considered for the obligation of this, evidenced by the obligation of it upon the Mukatab for himself and his slaves, despite the deficiency of his ownership.
Section: As for the wife of a slave, our late scholars mentioned that her Fitra is upon herself if she is free, and upon her master if she is a slave. In my view, the analogy of the school (Madhab) is the obligation of her Fitra upon the master of the slave due to the obligation of her maintenance upon him. Do you not see that the Fitra of his wife's servant is mandatory upon him, even though he does not own her, due to the obligation of her maintenance? The Prophet (peace be upon him) said: "Pay the Sadaqat al-Fitr for those whom you maintain." This woman is among those whom he maintains. Our scholars have mentioned that if he volunteers to provide for the living expenses of a person, that person's Fitra becomes incumbent upon him; so, one for whom it is mandatory is even more so. The same applies if a son provides for his father, and he is someone whose maintenance and his wife's maintenance are mandatory upon him, then their Fitra is upon him. And Allah knows best.
(13) In the original: "al-ba'id". (14) Its verification (Takhrij) was mentioned previously via Ibn Umar on page 301. It was recorded by al-Bayhaqi from Ali with the wording: "The Messenger of Allah (peace be upon him) prescribed Zakat al-Fitr upon the free, the slave, the male, and the female, of those whom you maintain." In: The Chapter of Paying Zakat al-Fitr for Oneself and Others, from the Book of Zakat. Al-Sunan al-Kubra 4/161. It was also recorded by al-Daraqutni in: The Chapter of Zakat al-Fitr, from the Book of Zakat. Sunan al-Daraqutni 2/140. (15) In (B) and (M): "yamununa".
