To whom does the *Wala'a* (allegiance/manumission right) belong for a child born from a man freed by a patron (*Mawla*) and a woman also freed by a patron, when this man later marries a woman freed by another patron?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 1 · Bab 1

Open in Qurani

Primary text

In the primary view, the *Wala'a* of the grandchild (born from the son marrying a newly freed woman) belongs to the patron of the paternal grandfather (*Mawla Umm Abihi*). This is because the *Wala'a* is established over the father, and therefore extends to the son, similar to if the right were established over the grandfather. Furthermore, the *Wala'a* established over the father prevents the establishment of *Wala'a* for the patron of the mother (*Mawla Umm*). In a subsequent chain involving further generations where the chain includes a patron of the mother of the grandfather (*Mawla Umm Jaddehi*), the *Wala'a* rests with the patron of the mother of the grandfather according to this view.

Supporting text

The secondary view holds that the *Wala'a* belongs to the patron of the mother (*Mawla Ummihi*). This is because the *Wala'a* established upon the son comes through his mother's lineage, and what is established through his own direct lineage takes precedence over what is established through his father's lineage. As evidence, if the son had a patron and his father also had a patron, the son's own patron would have a stronger claim to the *Wala'a* than the father's patron. According to this view, if the chain involves multiple *Mawali Ummahat* (patrons of mothers) across generations, the *Wala'a* belongs to the patron of the immediate mother.