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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 3931390 - Issue: He said: (A slave is not responsible for the maintenance of his child, whether the wife is free or a slave)

Translation · EN

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,

Notes

(8) The word "wa" (and) is missing from A, M. (9) In M: "fa-lam" (and so it did not). (10) Missing from M. (1) In the original, there is an extra word "zawja" (wife) by error. (2) Missing from B.

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