Is manumission allegiance (Walaa) established upon the children if one parent is a free person by origin?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 1 · Bab 1

Open in Qurani

Primary text

Allegiance by manumission (Walaa) is not established upon the children if either the father or the mother is a free person by origin, regardless of whether the other parent is Arab or a freed slave (*Mawla*). This is the opinion of the majority of scholars. If the mother is free by origin, the child follows her status, and if the father is a freed slave, the child inherits the absence of servitude and Walaa. If the father is free by origin, the child follows him in matters where Walaa might attach, meaning it would attach to the father's master. Since freedom is established, the negation of Walaa follows. This applies whether the father is Muslim, a protected non-Muslim (*Dhimmi*), a hostile non-Muslim (*Harbi*), or if the lineage is unknown or known. This view is held by Abu Yusuf, Malik, and Ibn Shurayh.