To whom does the patronage (Wala') of a Mukatab belong upon fulfilling the contract?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

The patronage (Wala') of the contracted slave belongs to his master once the agreed payment is delivered. This is the position of Malik, Al-Shafi'i, and the Ashab al-Ra'y (the People of Opinion). The basis is that the manumission contract is an act of favor and freeing, as the slave's earnings legally belonged to the master due to ownership. The master accepted the payment in exchange for freeing the slave's person in return for the benefit rightfully due to him. Therefore, the master is considered the one who granted the favor and freed him, thus deserving the patronage, according to the saying of the Prophet (peace be upon him): "Al-Wala' belongs to the one who frees." The story of Barirah, where 'Aisha offered to cover the cost if her masters agreed that the patronage would be hers, indicates that the established ruling among them was that the patronage of a contracted slave belonged to the master.