If the emancipator dies leaving the father of the freed slave and the son of the freed slave, how is the loyalty distributed among them?
Chapter on Inheritance of Wala'
Al-Mughni
Book of Walā' (Patronage)
Primary text
When the emancipator dies leaving the father of the freed slave and the son of the freed slave, both are Asaba. The view held by some, including 'Ata, Al-Layth, Yahya Al-Ansari, Al-Awza'i (leaning towards it), Al-Shafi'i, Al-Thawri, Abu Yusuf, and Muhammad, is that they share the loyalty equally because they are both heirs to the monetary estate and both are Asaba.
Supporting text
Another view holds that the father is closer to the freed slave through the relationship of the emancipator, and thus the father should inherit the loyalty exclusively, as the father is generally preferred over the son in matters of guardianship and prayer leadership. Those who equate the grandfather with the father give priority to the grandfather.