Book of Walaʾ (Patronage through Manumission)

330 — They unanimously agree that if a Muslim sets a Muslim slave free and the freedman subsequently dies with no heir and no blood relative, his estate passes to the master who emancipated him.

331 — They unanimously agree that when a freed client dies leaving neither heir nor blood relative, and his emancipator is, on that day, survived by sons and daughters, the estate goes to the emancipator’s sons alone. His daughters do not share in it, because women inherit through walaʾ only from a person they themselves have emancipated or from someone emancipated by one whom they had previously set free. Tāwūs alone dissented, holding that women do inherit.

332 — They unanimously agree that if the emancipator dies first, leaving his own father and full or paternal brothers, and the freedman later dies, the estate devolves upon the emancipator’s father to the exclusion of the brothers.

333 — They unanimously agree that the emancipator must contribute to the blood-money for offenses committed by his freedmen in the same way that the ʿāqilah are liable.

334 — They unanimously agree that a foundling is free and that the person who discovers him has no right to enslave him. Ishāq alone differed, saying that the walaʾ of the foundling belongs to the one who found him.