Is the master compelled to sell a slave if he fails to provide necessities?

Chapter on Maintenance of Slaves

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 2 · Bab 4

Open in Qurani

Primary text

If a master refrains from providing what is due to his slave, such as maintenance, clothing, or facilitating marriage, the slave may request a sale, and the master is compelled to comply. This compulsion applies whether the master's failure stems from inability or unwillingness, as retaining ownership while neglecting the slave's needs constitutes harm, and removing harm is obligatory. This is analogous to permitting a wife to seek dissolution of marriage if her husband cannot provide maintenance. A prophetic report suggests the slave says, 'Feed me or sell me,' implying that if the master fulfills all his obligations, he is not compelled to sell the slave upon the slave's request.

Supporting text

Scholars like Ahmad, 'Ata, and Ishaq hold that if a master treats his slave well and fulfills obligations, he is not compelled to sell the slave, as ownership belongs to the master, and there is no harm necessitating removal of ownership, similar to how one is not compelled to divorce a wife while maintaining her rights or sell an animal while providing for it.