What is the ruling on the inheritance of a *Sa'ibah* (a slave freed without the *Walaa* remaining with the emancipator)?
General Chapter
Al-Mughni
Book of Walā' (Patronage)
Primary text
The *Walaa* belongs to the emancipator. This is the position of al-Nakha'i, al-Sha'bi, Ibn Sirin, Rashid ibn Sa'd, Damra ibn Habib, al-Shafi'i, and the scholars of Iraq, based on the Prophet's saying: "The *Walaa* belongs to the one who freed, and He made it a kinship like the kinship of lineage." Just as one's lineage or offspring resulting from a valid marriage cannot be stipulated away, the *Walaa* cannot be removed from the emancipator. This is evidenced when the family of Barirah sought to stipulate her *Walaa* away from 'A'ishah, and the Prophet, peace be upon him, told 'A'ishah to buy her and stipulate the *Walaa* to them, affirming that the *Walaa* belongs only to the emancipator.
Supporting text
When a man freed his slave as *Sa'ibah* and the slave died leaving wealth without heirs, Ibn Mas'ud stated that the wealth should go to the one who freed him, unless the emancipator is scrupulous and chooses to place it in the public treasury (*Bayt al-Mal*). Narrations from 'Umar and Ibn Mas'ud confirm the inheritance goes to the emancipator. The view that the inheritance goes to the *Bayt al-Mal* or similar public disposition is understood as being due to the emancipator's voluntary relinquishment or piety, as seen in the actions of Ibn Umar and others who refrained from taking the wealth. If the *Sa'ibah* leaves an heir with a prescribed portion (*dhu farid*), that portion is given to the heir, and the remainder is used to purchase and free slaves; the remainder is not returned to the heir.