To whom does the wala' (right of patronage/inheritance) return when a slave is freed using Zakat funds?
General Chapter
Al-Mughni
Book of Deposits
Primary text
The right of patronage, wala', returns to be used for the purpose of freeing a slave (i.e., it is used to free another slave). This view is held by Al-Hasan and Ishaq. This action is supported by the principle that freeing a neck is an eligible purpose for Zakat expenditure.
Supporting text
Abu Ubayd states that the wala' belongs to the one who manumits the slave, based on the Prophet's saying, 'The wala' belongs only to the one who frees a slave.' Imam Malik states that the wala' belongs to the rest of the Muslims, treating it as ownerless property lacking a specific heir. Al-Anbari states it should be put into the public treasury (Bayt al-Mal) for charity because the manumission originated from Zakat, so its wala' should revert to charity. He argues that manumission by Zakat money is an act done for Allah, where the purchaser acts as Allah's deputy in purchasing and freeing, meaning the wala' cannot belong to the original Zakat payer due to the concern that the payer would benefit from their own Zakat. A narration from Ahmad suggests that the wala' belongs to the original payer of the Zakat.