To whom does the right of ultimate heirship (Wala') of a foundling belong in the absence of known heirs?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
The foundling has no specific claim of *Wala'* attached to him; rather, his inheritance devolves to the general body of Muslims, as they inherit all ownerless property, and they inherit from those who die without known heirs, which includes the foundling. This is the apparent position and the view of Malik, Al-Shafi'i, and the majority of scholars. The phrasing used by Al-Kharqi, stating the *Wala'* belongs to 'all Muslims,' is permissible because all Muslims share in taking and securing the estate when no other heir exists.
Supporting text
Shurayh and Ishaq held that the *Wala'* belongs to the one who found the child, based on the Hadith narrated by Wathilah ibn al-Asqa', stating a woman secures the inheritance of her freed slave, her foundling, and the child from whom she made *mula'ana* (oath of imprecation). Furthermore, a report states that 'Umar granted the *Wala'* of a foundling to Abu Jameelah. However, the counter-evidence is the Prophet's saying, 'The *Wala'* belongs only to the one who frees a slave.' Additionally, since the foundling is presumed free, and neither he nor his forefathers were enslaved, no *Wala'* is established for him, unlike a freed slave.