Musannaf Ibn Abi Shaybah 33663 — A woman who freed a slave who then

Amr bin Shu'ayb reports from his father, from his grandfather, who said: Ri'ab bin Hudhayfah bin Sa'id bin Sahm (may Allah be pleased with him) married Umm Wa'il bint Ma'mar al-Jumahiyyah, and they had three children. Then their mother died, and her sons inherited her dwellings and the wala' of her mawali. Then Sayyiduna Amr bin al-As (may Allah be pleased with him) took them with him to Syria, and they died in the plague of Amwas. He said: Thereupon Amr, who was their asabah, became their heir. When Amr returned, the sons of Ma'mar came and took the dispute over the wala' of their sister to Sayyiduna Umar bin al-Khattab (may Allah be pleased with him). Sayyiduna Umar said: I will judge between you by what I heard from the Messenger of Allah (peace and blessings be upon him); I heard him say: "Whatever wealth a child or a father acquires goes to his asabah, whoever they may be." He said: Then he ruled it in our favour and wrote a document for us, which bore the testimony of Sayyiduna Abd al-Rahman bin Awf, Sayyiduna Zayd bin Thabit (may Allah be pleased with them both) and one other person. Then, when Abd al-Malik bin Marwan became caliph, a mawla of that woman died and left two thousand dinars. It reached me that that ruling had been changed, so they took the dispute to Hisham bin Isma'il, and we raised the matter to Abd al-Malik and brought him the document of Sayyiduna Umar. He said: I regarded this as a ruling about which there can be no doubt, and I did not think that the affair of the people of Madinah had reached such a point that they would doubt this ruling. So he ruled it in our favour, and we have remained upon that ruling ever since.