What is the ruling on manumission and loyalty (Wala) when the Mukatab fulfills payment to both heirs?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
When the Mukatab fulfills payment, only the share of the confirming heir is emancipated, and emancipation does not extend to the share of his partner, because he did not directly emancipate nor cause the emancipation; rather, the cause was from their father, and this heir is merely reporting his father's action, like a witness. The confirming heir believes his brother's share is also free because he received the same payment, so the entire slave is emancipated by that, and the loyalty (Wala) of this share belongs to the confirming heir because his brother does not claim it.
Supporting text
The companions of Al-Shafi'i have two positions: one agrees with our position, and the other holds that the loyalty is shared between the two heirs because it is established for their inherited predecessor, so it belongs to them through inheritance. The correct position is what we stated, because the establishment of loyalty for the father does not prevent one son from being exclusively entitled to it, just as if one heir claimed a debt owed to their father and the other denied it, the claimant takes his share of the debt exclusively.