To whom does the *Wala'* (patronage rights) of a Mukatab belong upon his death if the master has died leaving heirs?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the Mukatab defaults on his payments after the master's death, he reverts to slavery for the benefit of all the heirs, as his status is part of the deceased master's estate. If the Mukatab pays the full redemption price and is freed, the prevailing opinion among jurists, which is the view supported by Ahmad ibn Hanbal, is that his *Wala'* belongs exclusively to the male heirs (*'asabat*) and not to those who are entitled to fixed shares (*sahibul-furood*).
Supporting text
There is a difference of opinion. Some scholars hold that women do not inherit *Wala'* unless they themselves contracted the manumission or manumitted him. However, the author leans toward the view that women do inherit *Wala'*, as the Mukatab transfers to the heirs upon the master's death, and his *Wala'* should belong to them, similar to the case where the Mukatab is sold to a buyer.