Does the grandfather transfer *Wala'* if the father is alive?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 2 · Bab 1

Open in Qurani

Primary text

Zafar and the second opinion of al-Shafi'i hold that if the father is alive, the grandfather does not transfer the *Wala'*. The primary principle is the continuation of the *Wala'* to its rightful recipient, and deviation from this is only permitted by consensus regarding the father's manumission.

Supporting text

The opposing view is that there is no distinction between a close and a distant grandfather regarding the transfer of *Wala'*.