Is Zakat al-Fitr due for slaves owned by a slave?

Chapter on Zakat al-Fitr

Al-Mughni

Book of Zakat

Book 8 · Issue 5 · Bab 8

Open in Qurani

Primary text

If it is held that a slave cannot possess property through ownership (tamleek), then Zakat al-Fitr for the sub-slave is incumbent upon the main master, as the sub-slave remains his property. This is the apparent view in the statement of Al-Khiraqi, Abu al-Zinad, Malik, Al-Shafi'i, and the People of Opinion. The sound position is that their Zakat al-Fitr is obligatory because it follows maintenance, and maintenance for the sub-slave is obligatory upon the main master; therefore, their Zakat al-Fitr is also obligatory, and complete ownership is not a condition for its obligation, as demonstrated by the obligation of Zakat al-Fitr upon a mukatab (partially freed slave) for himself and his slaves, despite his incomplete ownership.

Supporting text

If it is held that the slave possesses property through ownership, it has been stated that no one owes Zakat al-Fitr for the sub-slaves because the main master does not legally own them, and the slave's ownership is incomplete.