Is the sale or gift of *Wala'* (allegiance/patronage) valid?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 1 · Bab 1

Open in Qurani

Primary text

The sale or gift of *Wala'* is invalid. This position is held by Umar, Ali, Ibn Mas'ud, Ibn Abbas, Ibn Umar, Sa'id ibn al-Musayyib, Tawus, Iyas ibn Mu'awiya, al-Zuhri, Malik, al-Shafi'i, Abu Hanifa and his companions. The evidence for this prohibition is the statement of the Prophet (peace be upon him) who forbade the sale and gift of *Wala'*. Furthermore, it is stated that *Wala'* is like kinship ('*Al-wala' lahmatun kalahmat al-nasab*'). The action of those who permit it is anomalous and contrary to the Sunnah and the majority opinion.

Supporting text

It is reported that Maymuna gifted the *Wala'* of her freed persons to Ibn Abbas, and it is reported she gifted the *Wala'* of her freed persons to al-Abbas, and that their *Wala'* belongs to them today. It is also reported that Urwah purchased the *Wala'* of Tahman for the heirs of Mus'ab ibn al-Zubayr. Al-Atta permitted a freed person's master to grant permission to the freed person to affiliate with whomever he wishes, implying permissibility.