What is the ruling if the master of a *Mudabbir* dies before the slave is captured in the House of War?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
If the master dies before the *Mudabbir* is captured, the slave is manumitted. If he is captured after this manumission, he is not returned to the master's heirs because his ownership by the deceased was extinguished by his freedom, making him like a free person from the House of War. He is to be asked to repent; if he repents and becomes Muslim, he becomes a regular slave to be divided among the spoils. If he does not repent, he is executed, and it is not permissible to enslave him because his affirmation of his disbelief is not accepted.
Supporting text
Al-Qadi stated that enslaving him is impermissible even if he converts to Islam, which aligns with the view of Al-Shafi'i, arguing that enslaving him invalidates the *wala'* (patronage right) of the Muslim who manumitted him. The rebuttal is that the execution and forfeiture of his *wala'* do not prevent his enslavement. Furthermore, ownership is established for the spoils in an unmanumitted slave whose owner is unknown until division, and ownership is stronger than *wala*.