Who is financially responsible for the maintenance (Nafaqa) of a previously non-Muslim Umm Walad who has converted to Islam while her ownership remains intact?

General Chapter

Al-Mughni

Book of Freeing Mothers of Children

Book 69 · Issue 3 · Bab 1

Open in Qurani

Primary text

The maintenance of the Umm Walad is entirely the responsibility of her master, and any earnings she makes belong to him, just as in the case of her pre-conversion status or a regular slave. This obligation exists whether she has earnings or not, because ownership is the cause for these two rulings (maintenance obligation and ownership of earnings), and the intervening conversion does not act as a valid impediment. If she has surplus earnings, her full maintenance must be covered by the master, similar to his other slaves.

Supporting text

The Qadi mentioned that her maintenance should come from her earnings, and any surplus belongs to the master. There are two narrations regarding whether the master is obligated to cover her full maintenance if she is unable to earn. Al-Shafi'i holds a similar view. However, the sound opinion is that the master bears the full cost of her maintenance. If the master dies before she gains freedom, anything in her possession transfers to his heirs, as she was a slave whose earnings belonged to him.