To whom does the wealth of a freed slave who was manumitted as *Sa'ibah* (with no claim to *Walaa*) belong upon his death if he has no heirs?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a man frees his slave stating, "I freed you as *Sa'ibah*" or "I freed you and I have no *Walaa* over you," then he has no claim to the *Walaa*. If this freed slave dies leaving wealth and no heirs, the wealth must be used to purchase slaves who are then manumitted on his behalf, according to the explicit narrations from Ahmad. Ibn Umar acted upon this by purchasing slaves and freeing them with the wealth of a slave he freed as *Sa'ibah*.

Supporting text

Umar ibn 'Abd al-'Aziz, al-Zuhri, Makhul, Abu al-'Aliyah, and Malik hold that the *Walaa* in such a case belongs to the entire body of Muslims. 'Ata stated that it was known that saying "You are free, *Sa'ibah*" meant the emancipator could assign the *Walaa* to whomever he wished. It is suggested that Ahmad's opinion regarding purchasing slaves might be an recommendation based on the action of Ibn Umar.