Is the emancipation enacted by heirs valid?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The emancipation enacted by the heirs is valid because the slave becomes their property, thus their emancipation of him is valid. Furthermore, if the original master had emancipated him, his emancipation would have been effective, and the heirs stand in the place of their predecessor. The mastership (wala') belongs to the heirs based on the saying of the Prophet, peace be upon him: "The wala' belongs only to the one who emancipates." If only some heirs emancipate their share, the entire slave is freed, the shares of his partners are valued, and the wala' belongs to the emancipating heir.
Supporting text
If the emancipation does not take effect because the slave is insolvent or for another reason, the wala' belongs to the heir who attempted emancipation based on the report and because he conferred a favor upon the slave through emancipation, making the wala' his, similar to a slave who is not a mukatab.