What is the financial obligation regarding the maintenance (nafaqah) of a wife whose husband is partially manumitted (freed)?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The obligation for the maintenance of a partially freed wife is divided according to the extent of his freedom. The portion corresponding to his freedom is incumbent upon him. The remainder of the obligation falls upon his master, or is covered by his levy (dharibah), or remains a charge upon his person, similar to the case of a slave, as previously established. The standard of maintenance due from him upon manumission is based on his financial state: if he is wealthy (musir), the maintenance standard of the wealthy applies; if he is impoverished (mu'sir), the maintenance standard of the impoverished applies. For the remaining portion, the standard of the impoverished applies because maintenance is an obligation that is divisible (yatab'adh), and divisible obligations follow the rules of inheritance and blood money (diyat) when applied to a partially freed person. If the obligation is not divisible, it follows the rules concerning the slave. This is the chosen view of al-Muzani.
Supporting text
Al-Shafi'i ruled that the entire matter follows the legal status of a slave, equating one ruling with the other. The supporting evidence for the main opinion is that the man owns half his being with full ownership, demonstrated by the fact that inheritance is derived from him, atonement through feeding is required from him, and half the blood money for a free person is incumbent upon him; thus, his maintenance must be divisible because it is an obligation susceptible to division.