Is Zakat al-Fitr obligatory for a master concerning his absent slave?
Chapter on Zakat al-Fitr
Al-Mughni
Book of Zakat
Primary text
Zakat al-Fitr is obligatory for the master concerning an absent slave if the master knows the slave is alive, regardless of whether the master expects his return or has despaired of it. This applies whether the slave is free or captive, like a prisoner of war. The obligation is affirmed because the slave remains the master's property, and the zakat for property is due even during absence, analogous to trade goods. The basis for this obligation is that Zakat al-Fitr follows maintenance (nafaqah), and maintenance is due during absence, as evidenced by the fact that one who returns a runaway slave is entitled to reimbursement for their maintenance.
Supporting text
Some scholars, including Malik, stipulate that the obligation for an absent slave applies only if the absence is for a short period. Al-Zuhri requires knowledge of the slave's location, and Al-Awza'i requires the absence to be within the territory of Islam. Atta, Al-Thawri, and the People of Opinion did not mandate it, reasoning that since maintenance is not obligatory during absence, Zakat al-Fitr is likewise not obligatory, similar to a defiant wife (nashiz).