of the Arab, he 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 his emancipation conditional upon his birth (3), or were to marry the slave woman under the condition that she is free, then his children from her are free, and their maintenance is upon their father in all these instances, provided he is free and the conditions of maintenance are fulfilled in his regard.

Section: If he divorces the slave woman with a revocable divorce, she is entitled to maintenance during the waiting period (iddah), because she is a wife. If he separates from her irrevocably while she is not pregnant, she has no maintenance, because if she were free, she would have no maintenance, and the slave woman is even more so. If she is pregnant, she is entitled to maintenance, based on the saying of the Almighty: {And if they are pregnant, then spend on them until they deliver their burden} (5). Ahmad stipulated this, and Ishaq held the same view. It has been narrated (6) from Abu Abd Allah, may Allah have mercy on him, regarding the maintenance of a pregnant woman (7): is it for the fetus or for the pregnant woman on account of it? There are two reports; one is that it is for the fetus. According to this, maintenance is not mandatory for an irrevocably divorced pregnant slave woman because the fetus belongs to her master, so its maintenance is upon him. Al-Shafi'i has two opinions on this, similar to the two reports.

Section: If a slave divorces his pregnant wife with an irrevocable divorce, the matter is contingent upon the ruling on the necessity of maintenance, based on the two reports regarding maintenance: is it for the fetus or for the pregnant woman on account of it? If we say it is for the fetus, then there is no maintenance upon the slave. Malik held this view, and it is also narrated from Al-Sha'bi, because he is not responsible for the maintenance of his child. If we say it is for the pregnant woman on account of it, then maintenance is mandatory for her. This is the opinion of Al-Awza'i, because Allah the Almighty said: {And if they are pregnant, then spend on them until they deliver their burden}. Furthermore, she is pregnant, so maintenance is mandatory for her, just as if her husband were free.

Section: A person who is partially emancipated (mukatab/mudabbar/etc.) is responsible for the maintenance of his wife according to the extent of the freedom he possesses, and the remainder is upon his master, or from his earnings, or from his person, according to what we mentioned regarding the slave. The portion that is mandatory upon him due to his freedom is assessed based on his situation; if he is wealthy, then it is the maintenance of the wealthy, and if he is poor, then the maintenance of the poor, and the remainder is subject to the maintenance of the poor; because maintenance is something that can be divided. We have divided what can be divided in the case of the partially emancipated person, such as inheritance and blood money (diyat), and what cannot be divided, he is therein like a slave. This is because freedom is either a condition for it or a cause of it, and it has not been completed. This is the choice of Al-Muzani. Al-Shafi'i said: His ruling is the same as that of a full slave in all respects, by analogizing one of the two rulings to the other. We argue that he possesses his free half with complete ownership, which is why he is inherited from, he expiates by feeding, and half the blood money of a free person is mandatory in his case; thus, it is necessary that his maintenance be divided, because it is among the rulings that accept division. As for the maintenance of his relatives, he is liable for it to the extent of his share of inheritance, because maintenance is based on inheritance. [According to Al-Muzani,] he is liable for all of it because it cannot be divided. According to Al-Shafi'i, he is not liable for anything, because his ruling is that of slaves. The discussion on this has preceded.

1390 - Issue: He said: (The slave is not responsible for the maintenance of his child, whether the wife is free or a slave.)

As for when the slave's wife is free, her children are free, because the child follows the mother in slavery and freedom. The slave is not responsible for the maintenance of his free relatives, because their maintenance is mandatory only by way of charity, and he is not among those obligated to provide it. As for when his wife is a slave, her children are slaves to her master because they follow her, so their maintenance is upon their master.

Section: The ruling on the mukatab (contractual slave) regarding the maintenance of wives, children, and relatives is the same as the ruling on a full slave, because he is a slave as long as a dirham remains upon him, except that if he has a wife, he provides for her from his earnings, because the maintenance of the wife is mandatory by virtue of the exchange (marriage contract), regardless of wealth or poverty, and that is why it is mandatory upon the slave.