To whom does the right of patronage (walā') belong if the second installment payer fulfills his obligation before the first, or if the master dies before the slave's final payment is made?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the second installment payer fulfills his obligation before the first, the slave is freed, and the opinion of the Qadi is that the patronage is suspended (mawquf). If the slave fulfills the condition, the patronage belongs to him; otherwise, it belongs to the master. This is one of the two narrations from Al-Shafi'i, supported by the statement of the Prophet, peace be upon him: 'The patronage belongs only to the one who frees.' The argument is that the slave is not the master's property in that context, and patronage cannot be established for someone who did not free a slave under his ownership. Opponents argue that suspension is invalid, similar to lineage and inheritance.
Supporting text
The argument against suspension is refuted by noting that lineage is suspended pending the maturity and recognition of a boy if paternity is uncertain, and inheritance is also suspended. The distinction made is that patronage cannot transfer from one person to another, unlike lineage or inheritance, thus allowing for its suspension. If the freeing master dies before the slave completes the manumission payments, and the ruling is that patronage belongs to the master, the master's estate inherits the right. If the ruling is that patronage is suspended, his inheritance is likewise suspended.