Who inherits the loyalty (Wala') of a freed slave when the deceased freed slave has no surviving relatives from his lineage?
Chapter on Inheritance of Wala'
Al-Mughni
Book of Walā' (Patronage)
Primary text
When the freed slave dies without heirs from his blood lineage, his estate and loyalty devolve to his former master (Mawla). If the master is deceased, the inheritance goes to the nearest male agnatic successor (Asaba) of the master, whether the successor is a son, father, brother, uncle, cousin, or paternal uncle, regardless of whether the freed slave was male or female. If the master has no blood Asaba, the inheritance goes to the master, then to his nearest Asaba in succession, and so on, perpetually. This view is reported from Umar, and it is the opinion of Al-Sha'bi, Al-Zuhri, Qatadah, Malik, Al-Thawri, Al-Awza'i, Al-Shafi'i, Abu Hanifa, and his companions.
Supporting text
There is a narration attributed to Ali that suggests the inheritance of the freed slave's loyalty goes to the brother or nephew of the deceased freed slave, rather than his son, in a case where the deceased left a son and a brother or nephew. However, another narration attributes to Ali a return to the position of the majority. Furthermore, a narration from Imam Ahmad concerning a freed slave whose female emancipator died leaving a son and a brother, and then the master died, states the inheritance goes to the son of the emancipator, based on a Hadith stating, "The legacy belongs to the son of the woman."