Is the manumission (freeing of a slave) performed by a hostile combatant (Harbi) for another hostile combatant valid?
General Chapter
Al-Mughni
Book of Walā' (Patronage)
Primary text
Manumission performed by a hostile combatant for another hostile combatant is valid, and the right of *Walaa* (patronage/inheritance rights) accrues to the manumitter. This is the position held by the majority of scholars. The basis for this ruling is that the ownership rights of the Harbi people are established, evidenced by the divine statement: "And He caused you to inherit their lands, their homes, and their wealth" (Quran 33:27), which attributes their property to them, thus validating their manumission similar to Muslims. Since their manumission is valid, the right of *Walaa* is established for them based on the Prophet's saying: "The *Walaa* belongs to the one who frees the slave." If the freed slave comes to the Muslim lands as a Muslim, the *Walaa* remains as established.
Supporting text
The scholars of Iraq held that manumission, correspondence (*Kitabah*), and manumission contingent upon bearing a child (*Tadbir*) are invalid if performed within the territory of war (*Dar al-Harb*). Furthermore, if a master in *Dar al-Harb* acquires a child from his slave concubine (*Ummu Walad*), she does not attain the status of *Ummu Walad*, regardless of whether the master is a Muslim, a *Dhimmi*, or a *Harbi*.