How is the الولاء distributed when the manumitter (Mawla) leaves two sons, one of whom dies leaving a son, and then the original master (Mu'tiq) dies before the freed slave?
Chapter on Inheritance of Wala'
Al-Mughni
Book of Walā' (Patronage)
Primary text
If the two sons of the deceased manumitter die after him but before the freed slave, and one son leaves a son while the other leaves no issue, the الولاء is divided among the survivors according to their numbers; each receiving one-tenth. This is the position held by the majority of scholars, including Omar, Uthman, Ali, Zayd, and Ibn Mas'ud. The reasoning is that if the master had died in that state, his estate would be divided among them proportionally, thus the الولاء follows the same rule.
Supporting text
If the الولاء were inheritable property, the ruling would be reversed in both scenarios presented. Specifically, in the first scenario (one son dies leaving a son), the inheritance would be split between the surviving son and the deceased son's son because the two sons inherited the الولاء from their father, and what went to the deceased son is now passed to his son, splitting the freed slave's estate equally between the surviving son and his nephew (the son of the deceased son). In the second scenario, the sole surviving son of the deceased son would receive half the الولاء by inheritance from his father, and the sons of the other deceased son would share the remaining half.