Who is responsible for the dower (mahr) and maintenance (nafaqa) for a slave's marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The dower (mahr) and maintenance (nafaqa) are the responsibility of the master, regardless of whether he guaranteed them or not, whether he concluded the contract himself or authorized the slave to do so, and whether the slave was permitted to trade or restricted (mahjur). This is the stated position of Ahmad. If the master is held liable, these obligations are incumbent upon him even if the slave has no earnings, and the wife cannot seek dissolution due to the slave's lack of earnings. The master may use the slave's time for service and prevent him from earning.
Supporting text
An alternative view suggests these costs relate to the slave's earnings; if the slave has no earnings, the wife has the right to dissolution, and the master cannot prevent him from earning. If the master is obligated for the dower and maintenance, these obligations remain attached to the master even if the slave is sold or manumitted, as it is a right established with the master's consent. Maintenance, being a renewable obligation, will fall upon the new owner or the manumitted slave for future periods.