Is inheritance through *Walaa* (patronage) valid, and how is it attributed?

Chapter on Inheritance of Wala'

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 1 · Bab 2

Open in Qurani

Primary text

Inheritance through *Walaa* is attributed to its cause, similar to how blood-money is attributed to manslaughter or intentional homicide. The core principle is that *Walaa* itself is not inherited; rather, inheritance occurs *through* it. This is the position of the majority (Al-Jumhur). This view is narrated from prominent companions, including Umar, Uthman, Ali, Zayd, Ibn Mas'ud, Ibn Umar, Usama ibn Zayd, Abu Mas'ud al-Badri, and Ubayy ibn Ka'b. It is also the opinion of leading jurists such as 'Ata', Tawus, Salim, al-Zuhri, al-Hasan, Ibn Sirin, Qatada, al-Sha'bi, Ibrahim, Malik, al-Shafi'i, the scholars of Iraq, and Dawud. The evidence for this is the Prophet's saying, 'The *Walaa* belongs only to the one who manumitted,' and his statement, 'The *Walaa* is a relationship like the relationship of kinship.' Since kinship is a means of inheritance but is not inherited itself, *Walaa* must be treated similarly. Furthermore, *Walaa* arises from the benefactor's (master's) kindness to the slave through manumission, a quality that does not transfer from the manumitter.

Supporting text

Shurayh held that *Walaa* is inheritable, just like wealth.