Does a master have wala' (allegiance) over his *mukatab* (a slave contracted for self-purchase)?
General Chapter
Al-Mughni
Book of Walā' (Patronage)
Primary text
The ruling is that the master has wala' over his *mukatab*. This is based on the principle that the master is the one who effects the manumission because the slave's wealth and earnings belong to the master, who then sells the slave based on that wealth, leading to emancipation. The Prophet, peace be upon him, stated: 'The wala' belongs to the one who frees (a slave).' Evidence also supports this as freed *mukatab* slaves claim allegiance to their former masters, as seen in historical examples like Abu Sa'id, the freedman of Abu Usayd, and Sirin, the freedman of Anas. Furthermore, the narration concerning Burayrah indicates that the wala' would have belonged to her family if 'A'ishah had not purchased it for herself.
Supporting text
Some jurists, including Al-Shafi'i and the scholars of Iraq, hold the view that the master does not have wala' over the *mukatab* because the *mukatab* purchased his own freedom from his master, similar to a situation where a non-relative purchases and frees him. Qatadah held that if the master did not stipulate the wala' of the *mukatab* in the contract, the *mukatab* could pledge his wala' to whomever he chooses. Mukhul stated that if the master stipulates the wala' along with the price for the *mukatab*, it is permissible.