Does a person who is partially a slave (partially free) have custody?

Chapter on Who is More Entitled to Child Custody

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 5 · Bab 3

Open in Qurani

Primary text

If there is no predetermined schedule (*muhayā'ah*) between the part-owner (master) and the partially free person, then the partially free person has no custody because they cannot fully exercise it, as their benefits are shared with their master. If there is a schedule (*muhayā'ah*), then according to the قياس (analogy) of Ahmad's opinion, the partially free person has custody during their allotted time because Ahmad stated that for anything divisible, they are entitled to half of everything. This is the preferred view of Abu Bakr.

Supporting text

Ash-Shafi'i holds that the partially free person has no custody, considering them similar to a full slave based on established principles.