What is the legal consequence regarding manumission and patronage rights when a slave purchases their own freedom for an immediate consideration?
General Chapter
Al-Mughni
Book of Walā' (Patronage)
Primary text
If a slave purchases their own freedom for an immediate consideration, the slave is freed, and the patronage (Walaa') belongs to the former master. This ruling is established because the master is essentially selling his own property for his own money, similar to a Mukatab (contracted slave). Therefore, the master is considered the one who manumitted them, so the Walaa' accrues to him concerning both the self-purchased slave and the female slave mentioned subsequently.
Supporting text
The opinion of Ibn Mas'ud states that the female slave is freed from the share belonging to her son, meaning her Walaa' belongs to the son. A similar view is reported from Ibn Abbas. Ali held that she is not freed unless he manumits her, and he has the right to sell her. This view is attributed to Jabir ibn Zayd and the Ahl al-Dhaher. The mainstream opinion holds that she is freed upon the death of her master from the principal capital, and her Walaa' belongs to the master because she was freed by his action using his property, similar to if she were freed by his explicit word. Her inheritance right through Walaa' is exclusive to the male members of the master's 'Asabah (agnatic kin), like the Mudabbar (a slave willed to be freed upon master's death) and the Mukatab.