To whom does the *Wala'* (allegiance/patronage) revert if the paternal master's freedmen (*mawali al-ab*) become extinct?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 1 · Bab 1

Open in Qurani

Primary text

The *Wala'* reverts entirely to the Public Treasury (*Bayt al-Mal*) if the lineage of the paternal master's freedmen becomes extinct. This is the position held by the majority of scholars. The reasoning is that *Wala'* functions similarly to lineage or ancestry; if the paternal lineage is extinct, the connection does not revert to the maternal side, and similarly with *Wala'*.

Supporting text

It is narrated from Ibn Abbas (may Allah be pleased with them both) that the *Wala'* should revert to the maternal master's freedmen (*mawali al-umm*).