Who is responsible for the maintenance (Nafaqah) of a slave who is freed while under a rental contract?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the maintenance (Nafaqah) of the slave was stipulated to be paid by the lessee (renter), then the lessee remains responsible for it as before. If the maintenance was not stipulated to be paid by the lessee, then it falls upon the master who manumitted the slave. This is because the slave is treated as if he remained under the master's ownership, evidenced by the master retaining the right to the slave's earnings. Additionally, the slave cannot provide for his own maintenance because he is occupied by the lease contract, and the lessee is not obliged to provide it since he paid compensation specifically for the benefit, separate from maintenance.