while inheritance between Muslims and disbelievers is impermissible according to the vast majority of scholars—among the Companions, the Successors, and those who came after them. The only two who allowed a Muslim to inherit from a disbeliever were Muʿādh ibn Jabal and Saʿīd ibn al-Musayyib. They based their opinion on the report, “Islam is superior and nothing can be superior to it,” yet that narration provides no support for their conclusion, for it merely affirms the overall merit of Islam, whereas the hadith of Usāmah is an explicit text on this very question. Most likely the wording of Usāmah’s report never reached Muʿādh and Saʿīd.
Hadith 3
Abdullah ibn ʿUmar reported that the Prophet ﷺ forbade the sale or the gift of walāʾ.
Overall meaning:
Walāʾ (the bond of clientage) is a tie akin to blood kinship in that neither of them can be acquired through sale, gift, or any other transaction. Therefore, it is impermissible to dispose of walāʾ by sale or by any other means. It is simply a connection between the emancipator and the emancipated person, by virtue of which the former inherits from the latter in gratitude for having released him from the shackles of slavery into the broad horizon of freedom.
Points derived from the hadith:
1- Ibn Daqīq al-ʿĪd said: Walāʾ is a right that comes into being through a specific cause—manumission—so it cannot be transferred to anyone else in any fashion. Whatever is established by a particular description endures as long as that description endures, and only the one in whom that description exists is entitled to it.
2- The hadith prohibits selling walāʾ, gifting it, or disposing of it through any form of conveyance.
3- Any such contract is void, for the Prophet’s prohibition signifies invalidity.
4- This enduring bond, which is no less unbreakable than the bond of kinship, entails inheritance: the emancipator inherits from the emancipated person, and likewise his agnatic kin who inherit through him, in recognition of the favor of emancipation he bestowed.