What is the ruling on the inheritance rights (*Walaa*) if a master's slave is captured?
General Chapter
Al-Mughni
Book of Walā' (Patronage)
Primary text
If the master's slave is captured, he does not inherit while remaining a slave. If he is freed, the right of *Walaa* accrues to his redeemer/manumitter, and the freed slave has the right of *Walaa* over his manumitter.
Supporting text
There is a debate regarding whether the manumitter of the original master gains the right of *Walaa* over the newly freed slave. One possibility is that it is established because he is the patron of his patron (*Mawla Mawlahu*). Another possibility is that it is not established because no benefit or cause originated from him toward the slave. If the master's master purchased the slave and then freed him, each one is the patron of the other and inherits from the other through *Walaa*. If the master captured him and then freed him, the ruling is the same. If the master and a non-related person captured him and both freed him, the *Walaa* is divided equally between them. If the first manumitter dies, his partner inherits half of his property based on one scholarly opinion, while another opinion states the partner inherits nothing because he did not confer a favor upon the slave.