This is further supported by the fact that if she is not pregnant, she is entitled to nothing. Thus, maintenance is due to the pregnancy, which is the cause of its obligation. This view is stronger. However, since there is no way for us to deliver maintenance to the pregnancy except by nourishing it through the mother, it becomes obligatory to provide for this mother because of the pregnancy.
The governing principle in this matter is that every man to whom a woman’s pregnancy is ascribed must provide maintenance for her, whether she is his wife or not. Accordingly, if he has intercourse with a woman under a mistaken assumption of lawful marriage and she becomes pregnant by him, he must provide for her. Likewise, if he emancipates his slave woman after she has become pregnant by him, he must provide for her, even though, upon emancipating her, the cause that would ordinarily make her maintenance obligatory has ceased, since she is neither a wife nor a slave woman. This is because the pregnancy in her womb is his.
A number of rulings follow from this disagreement, including the zakat al-fitr. For example, a permanently divorced pregnant woman passes through Ramadan and the Festival arrives, while her former husband is the one providing for her. Must he pay zakat al-fitr on behalf of the pregnant woman?
This depends on the disagreement. If we say that the maintenance is for the pregnancy, zakat al-fitr is not obligatory upon him. But if we say that the maintenance is for her, then zakat al-fitr is obligatory upon him, because zakat al-fitr is not obligatory on behalf of the pregnancy—rather, it is merely recommended, though there is disagreement on this point. If, however, we say that the maintenance is for the mother, then the mother is alive, eating and drinking, and he must pay her zakat al-fitr.
Another consequence concerns a pregnant wife who is disobedient to her husband. Is she entitled to maintenance? This depends on the disagreement. If we say that the maintenance is for the pregnancy, she is entitled to maintenance, because the pregnancy is not disobedient. But if we say that the maintenance is for her, her maintenance is forfeited because she is disobedient.