What is the distribution of maintenance liability when a slave is married to a woman who spends time in both his and his master's dwelling?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 6 · Bab 1

Open in Qurani

Primary text

Maintenance is distributed such that the husband owes maintenance for the time she spent with him at night, as this fulfills the requisite permission for cohabitation. The remaining maintenance for the time she spends with the master is due from the master, by virtue of her being his property, for whom no one else owes maintenance during that time. Thus, each owes half the maintenance. This is one opinion of Al-Shafi'i.

Supporting text

Another opinion of Al-Shafi'i holds that the husband owes no maintenance because she did not permit access to herself for the entire duration, similar to a free woman who offers access during only one of two time periods without the other.