Is the husband obligated to maintain the children of his slave wife, and upon whom does their maintenance fall?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The husband of a female slave is not obligated to maintain her children, even if he is free. This is because the children of a female slave are slaves belonging to her master. The child follows the mother in status (slavery or freedom), so their maintenance falls upon their master, not their father, as the relationship with the master is considered closer in this regard, resulting in no rights of lineage, inheritance, or maintenance between the slave and his father; all these rights belong to the master.
Supporting text
There is another narration from Imam Abu Abdullah (may God have mercy on him) stating that the children of the Arab (free) man are free, and their maintenance is due from their father. Furthermore, if the child frees his master, or ties his freedom to his birth, or if the female slave is married under the condition that her child is free, then in all these instances, their maintenance is due from their free father, provided the conditions for imposing maintenance are met.