Who inherits the الولاء (loyalty/inheritance rights) when a freed slave dies, leaving behind the grandfather (Jadd) of the manumitter and the paternal uncle (Amm) of the manumitter?
Chapter on Inheritance of Wala'
Al-Mughni
Book of Walā' (Patronage)
Primary text
The الولاء belongs to the grandfather (Jadd) of the manumitter. This position is held by Al-Thawri, Al-Awza'i, and the scholars of Iraq. The primary evidence is the statement of the Prophet (peace be upon him): "He whom the closest person to the manumitter inherits from." The grandfather is considered closer to the manumitter because he inherits from the manumitter's wealth and holds authority over him, including in marriage arrangements and leading his funeral prayer. It is noted that Al-Shafi'i accepts the grandfather's status in financial matters and guardianship for marriage, yet prioritizes the paternal uncle over him regarding الولاء.
Supporting text
Al-Shafi'i holds that the الولاء belongs to the paternal uncle (Amm) and his descendants, even if they are distant, excluding the paternal grandfather of the manumitter. This is analogous to Malik's position. Al-Shafi'i also suggests that whoever equates the grandfather and the brother regarding inheritance should equate the paternal grandfather and the paternal uncle, placing the latter ahead of the son of the paternal cousin.