Is maintenance (Nafaqah) obligatory for a pregnant wife divorced by a slave husband with a definitive divorce (Talaq Ba'in)?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The obligation of maintenance upon a slave husband for his pregnant wife after a definitive divorce depends on whether the maintenance is deemed for the fetus or for the pregnant woman herself. If the opinion holds that maintenance is solely for the fetus, then the slave husband owes no maintenance. This view is attributed to Malik and narrated from Al-Sha'bi, based on the premise that maintenance for his child is not obligatory upon him. If the opinion holds that maintenance is due to the pregnant woman because of her pregnancy, then maintenance is obligatory. This is the view of Al-Awza'i, evidenced by the command in the Quran: {And if they are pregnant, then spend on them until they deliver their burden} [Quran 65:6]. Additionally, maintenance is due because she is pregnant, similar to the case where her husband is a free man.