Does the grandfather transfer the right of *Wala'* (patronage) if the father has not manumitted the slave?
General Chapter
Al-Mughni
Book of Walā' (Patronage)
Primary text
If the father does not manumit the slave, but the grandfather does, Ahmad declares that the grandfather does not transfer the *Wala'*. This opinion is held by Abu Hanifa and his companions. The basis for this is that the grandfather does not possess the same standing as the father, evidenced by the fact that if the father is manumitted after the grandfather, the *Wala'* transfers from the grandfather's patrons to the father. Furthermore, the grandfather is connected through another person and *Wala'* does not firmly rest upon him, similar to a brother.
Supporting text
A contrasting view, attributed to Ahmad, Sharih, al-Sha'bi, al-Nakha'i, the people of Medina, Ibn Abi Layla, al-Hasan ibn Salih, Ibn al-Mubarak, Abu Thawr, Dhirar ibn Sard, and one opinion of al-Shafi'i, is that the grandfather does transfer the *Wala'*. If the father is manumitted subsequently, the *Wala'* transfers from the grandfather's patrons to the father because the grandfather stands in the place of the father regarding consanguinity and lineage rulings, and therefore in the rulings of transferring *Wala'*.