What is the status of *Walaa* if a slave captured by a *Harbi* master is subsequently purchased and freed by another man?
General Chapter
Al-Mughni
Book of Walā' (Patronage)
Primary text
If a slave captured by a *Harbi* is subsequently purchased by another man who then frees him, the *Walaa* of the first manumitter is nullified, and the *Walaa* belongs to the second manumitter. This is the position held by Malik and Al-Shafi'i.
Supporting text
It is opined that the *Walaa* is shared between both parties because neither one is prioritized over the other, a view favored by Ibn al-Mundhir. Another opinion suggests the *Walaa* belongs to the first manumitter because his claim is earlier in time. The prevailing reasoning against nullification is that the capture by the enemy invalidates the first *Harbi*'s ownership, and the associated *Walaa* should follow that invalidation. Furthermore, the *Walaa* was invalidated by the enslavement, and it should not return simply by subsequent manumission.