To whom does the Walaa' belong when a manumission of another's slave occurs for a stipulated compensation?
General Chapter
Al-Mughni
Book of Walā' (Patronage)
Primary text
The Walaa' belongs to the owner on whose behalf the manumission was performed. There is no known dispute on this matter when manumission is done for compensation. The price must be borne by the person for whom the slave was freed, because the act was conditioned upon compensation, which requires presuming a sale from the owner to the manumitter, followed by the owner appointing the manumitter to execute the manumission. Consequently, the price is due from the owner, and the Walaa' accrues to him, just as if the manumitter had bought the slave and was then authorized to free them.
Supporting text
Another perspective states that the price is due from the manumitter because he offered a reward (Ja'l) for freeing the slave, which becomes due upon performance, similar to a conditional wage. However, the Walaa' belongs to the manumitter because the owner did not command the manumission on his behalf, nor did the manumitter intend that result; thus, nothing exists to divert the Walaa', and it remains with the manumitter, applying the ruling 'The Walaa' belongs to the manumitter.'