Upon whom is the maintenance (Nafaqah) obligation for a pregnant woman contingent: the fetus or the mother?

Chapter on the Condition in which Maintenance is Obligatory on the Husband

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 2

Open in Qurani

Primary text

There are two narrations (Riwāyāt) concerning whether the maintenance for a pregnant woman is obligatory for the fetus or for the mother because of the fetus. The first narration states the maintenance is due to the fetus itself. This view was chosen by Abu Bakr, based on the evidence that the obligation arises upon the fetus's existence and ceases upon its separation (birth), indicating the right belongs to the fetus. The second narration states the maintenance is due to the mother because of the fetus. This is supported by the fact that it is obligatory regardless of the husband's wealth or poverty, similar to the maintenance of wives. Furthermore, it does not cease merely due to the passage of time, resembling her maintenance during the husband's lifetime.

Supporting text

Al-Shafi'i holds two opinions regarding this matter, mirroring the two narrations.