What is the ruling on wala' if some but not all heirs emancipate their share of a debt-bound slave?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If some heirs emancipate their share, the emancipation takes effect for that share. The slave is fully freed if the other heirs later pay their shares for him, and the wala' belongs to the original master (the former owner). If the slave is returned to slavery because he proves unable to pay, the wala' of the emancipated portion belongs to the heir who emancipated it, because his portion would have remained enslaved without that act of emancipation, thus he is the benefactor for that share, and the wala' belongs to him rather than the other heirs.
Supporting text
The view of Al-Qadi states that if all heirs emancipate the slave before he is proven insolvent, the wala' belongs to the master. If only some emancipate and the emancipation does not take effect fully, then if the others pay, the whole slave is freed, and the wala' belongs to the master. If he reverts to slavery, the wala' of the emancipated part belongs to the emancipating heir.