Is a condition specifying the lineage/loyalty (*wala'*) of an emancipated slave valid?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Any condition stipulating that the lineage or loyalty (*wala'*) of an emancipated slave belongs to someone other than the one who actually frees the slave is void. There is no known disagreement on the nullity of such a condition. Evidence for this is the narration of Aisha concerning Barirah, where the Prophet, peace be upon him, commanded her purchase and emancipation, stating, "The *wala'* belongs only to the one who frees [the slave]." In another narration, the Prophet declared generally, "Whoever stipulates a condition not in the Book of Allah, it is void, even if it were one hundred conditions; the judgment of Allah is more deserving, and the condition of Allah is more binding." Additionally, the *wala'* cannot be transferred, as the Prophet forbade its sale or gift, affirming that it belongs only to the emancipator. The *wala'* is analogous to kinship, which cannot be stipulated for another, and it is a legal consequence of emancipation, similar to how the legal consequence of marriage cannot be stipulated for someone who is not marrying.
Supporting text
Al-Shafi'i holds that such a void condition invalidates the entire contract of emancipation, similar to stipulating an unknown compensation amount. This view is countered by the narration of Barirah, where the Prophet permitted the purchase despite the condition, arguing that this condition is extraneous and can be dropped while the main contract remains sound, unlike unknown compensation which is a core element of the contract.