When the emancipator dies, leaving the freed slave's father and son, how is the loyalty distributed?
Chapter on Inheritance of Wala'
Al-Mughni
Book of Walā' (Patronage)
Primary text
When the emancipator dies leaving his father and the freed slave's son, the emancipator's father receives one-sixth as his fixed share, and the remainder of the loyalty goes to the freed slave's son. This is the explicit position of Ahmad, and it is the view of Shurayh, Al-Nakha'i, Al-Awza'i, Ishaq, and Abu Yusuf. The majority of jurists, including Malik, Al-Thawri, Abu Hanifa, Muhammad, and Al-Shafi'i, hold that the entire loyalty belongs to the son because he is the nearest Asaba, and the father and grandfather inherit the monetary estate via a fixed share, while no fixed-share heir inherits via loyalty.
Supporting text
A minority view, reported from Zayd, states the entire estate belongs to the son. Another view, held by companions of Ahmad, suggests that the father and son share the loyalty equally as they are both Asaba and share the monetary inheritance equally. Furthermore, there is a view that the grandfather, not the father, inherits the entirety of the loyalty, treating the grandfather as the father.