In the case of a bequest concerning a slave's neck (ownership) and another's benefit (usufruct), upon whom does Zakat al-Fitr fall?

Chapter on Zakat al-Fitr

Al-Mughni

Book of Zakat

Book 8 · Issue 5 · Bab 8

Open in Qurani

Primary text

If a slave is bequeathed such that one person receives the neck (ownership) and another receives the benefit (manfa'ah), and both accept, the Zakat al-Fitr is due from the owner of the neck because Zakat al-Fitr is obligated by the possession of the neck, not the benefit. This is evidenced by the fact that it is due even from one for whom there is no benefit.

Supporting text

It is suggested that the ruling might follow the ruling concerning maintenance (nafaqah), which involves three views: that it is upon the owner of the benefit, upon the owner of the neck, or from the slave's earnings.