Does the right of manumission (*Walaa*) transfer to the heirs of the emancipator upon the emancipator's death?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 1 · Bab 1

Open in Qurani

Primary text

The right of manumission (*Walaa*) does not transfer to the heirs of the emancipator upon his death; rather, the heirs inherit the freed slave's wealth while the *Walaa* remains with the emancipator. This is the position of the vast majority of scholars (*al-Jumhur*). This view is supported by narrations from Umar, Ali, Zayd, Ibn Mas'ud, Ubayy ibn Ka'b, Ibn Umar, Abu Mas'ud al-Badri, and Usama ibn Zayd. It is also the opinion adopted by 'Ata, Tawus, Salim ibn 'Abdullah, al-Hasan, Ibn Sirin, al-Sha'bi, al-Zuhri, al-Nakha'i, Qatada, Abu al-Zinad, Ibn Qusayt, Malik, al-Thawri, al-Shafi'i, Ishaq, Abu Thawr, the scholars of opinion (*Ashab al-Ra'y*), and Dawud. The primary evidence is the Prophet's saying: "The *Walaa* belongs to the emancipator" and "The *Walaa* is a kinship like the kinship of lineage." Lineage is not inherited, but one inherits through it. Since *Walaa* is a bond that transmits inheritance rights, it does not transfer upon death like other relations.

Supporting text

Shurayh dissented, stating that *Walaa* is like wealth and is inherited from the emancipator, meaning whatever one possesses in life goes to their heirs. This narration is attributed to Hanbal and Muhammad ibn al-Hakam concerning Ahmad, though Abu Bakr criticized this narration. A contrasting narration concerning Ahmad aligns with the majority.