Is maintenance due to a pregnant female slave divorced irrevocably?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
Maintenance is obligatory for a pregnant female slave divorced irrevocably. This is based on the saying of the Almighty: "And if they are pregnant, then spend on them until they deliver their burden" (Quran 65:6). Ahmad explicitly stated this, and Ishaq held the same view.
Supporting text
There are two narrations from Imam Abu Abdullah (Ahmad ibn Hanbal) regarding the maintenance for a pregnant woman: whether it is for the fetus or for the pregnant woman due to the fetus. If it is considered for the fetus, then maintenance is not due to the irrevocably divorced pregnant slave, because the fetus belongs to her master, and the master bears its maintenance cost. Al-Shafi'i also holds two opinions on this matter, paralleling these two narrations.