Ibn Salih, Ibn Abi Layla, and Abu Thawr. Ibn al-Mundhir related from Ahmad, concerning a suckling minor who has no father (2) or paternal grandfather, that his maintenance and the wages for his nursing are upon the men and not the women. Likewise, Bakr ibn Muhammad related from his father, from Ahmad: Maintenance is upon the agnates ('asabat). This is also the view of al-Awza'i and Ishaq. This is due to what was narrated from 'Umar, may Allah be pleased with him, that he decreed the maintenance of Manfus's child upon the children of his uncle (3). Ahmad used this as evidence. Ibn al-Mundhir said: It was narrated from 'Umar that he detained agnates to provide maintenance (4) for a minor, the men and not the women (5). This is because it is a form of consolation and support specific to kinship, and thus it was restricted [to the agnates] (6), just like the blood money (al-'aql). The scholars of reasoning (ahl al-ra'y) said: Maintenance is incumbent upon every unmarriageable relative (dhi rahim mahram), and it is not incumbent upon others; due to the saying of Allah the Almighty: {And those of blood relationship are more entitled to one another in the Book of Allah} (7). Malik, al-Shafi'i, and Ibn al-Mundhir said: There is no maintenance except for children and parents, because the Prophet - may Allah bless him and grant him peace - [said to a man] (8) who asked him: I have a dinar? He said: "Spend it on yourself." He said: I have another? He said: "Spend it on your child" (9). He said: I have another? He said: "Spend it on your family" (10). He said: I have another? [He said: "Spend it on your servant. He said: I have another?" ] (8). He said: "You are more knowledgeable" (11) (12). He did not order him
(2) Omitted from the original. (3) Related by Ibn Abi Shaybah in: The Chapter on those who say nursing is upon men not women, from the Book of Divorce, Al-Musannaf 5/246, 247. And Ibn Jarir in: Interpretation of Surah al-Baqarah, verse 233, Tafsir al-Tabari 2/500. (4) In the original: "Manfus". According to al-Bayhaqi and Sa'id, he made the agnates of a child choose. (5) Related by al-Bayhaqi in: The Chapter on what has come regarding the saying of Allah the Almighty: {And upon the heir is the like of that}, from the Book of Maintenance, Al-Sunan al-Kubra 7/478. And Sa'id ibn Mansur in: The Chapter on the boy between the parents, which of them is more entitled to him, from the Book of Divorce, Al-Sunan 2/113. (6) In A, B, and M: "to the agnates". (7) Surah al-Anfal, 75. (8) Omitted from M. (9) In M: "your family". (10) In M: "your servant". (11) In M there is an addition: "about it". (12) Its verification was provided earlier in: 4/309.