Can someone who voluntarily pays for the maintenance of a slave recover that expenditure from the master?
Chapter on Maintenance of Slaves
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The individual who pays for the slave's maintenance can recover the expense from the master, as the payer assumed the master's obligation in a situation where the master failed to perform his duty. This is comparable to a judge paying maintenance for a husband who refuses to support his wife. The basis for recovery is that the payer discharged an existing obligation upon the master.
Supporting text
The Shafi'i school argues that no recovery is permitted because the payer voluntarily spent money that was not legally their obligation. It is also conceivable, based on another narration concerning those who spend on mortgaged property, deposits, or lost camels left with a lessee, that no reimbursement may be due.