Musannaf Ibn Abi Shaybah

Qatadah narrates that a woman freed her slave, then she died. Is his wala’ (right of inheritance) for her ‘asaba (male relatives) or for her son? It was said that Hasan and Sa’id bin al-Musayyib used to say that it will be for the ‘asaba of the slave. Qatadah says that Khalas narrated to me that Hazrat Ali (may Allah be pleased with him) ruled that it is for the ‘asaba of the slave, and Salih bin al-Khalil narrated to us that Ibn Abbas (may Allah be pleased with them both) said the same.

Ismail bin Salim narrates that I heard Sha'bi say: A woman's male offspring have more right to inherit from her freed slaves than her 'asaba (male agnates), and if there is any crime (liability), then it is upon her 'asaba.

Shurayh says regarding the woman who freed a man and then died, that the right of wala’ is for her children and the blood money is upon all of them. He says that ‘Amir also used to say that the right of wala’ is for her children and the blood money is upon all of them.

Amr bin Shu’aib narrates from his father, from his grandfather, who said: Ri’ab bin Hudhaifah (may Allah be pleased with him), son of Sa’id bin Sahm, married Umm Wail bint Ma’mar Jumahiyyah, and they had three children. Then their mother passed away, so her sons inherited her wealth and also the wala’ (allegiance) of her mawali (clients). Then Amr bin al-‘As took them to Syria, and they died in the plague of ‘Amwas. He says: Upon this, Amr inherited from them as he was their ‘asaba (agnate). When Amr returned, Ma’mar’s sons came and brought the dispute about their sister’s wala’ to Umar bin Khattab (may Allah be pleased with him). Umar said: I will judge between you as I heard the Messenger of Allah (peace and blessings be upon him) say: “Whatever wealth a boy or a father gathers, it is for his ‘asaba, whoever they may be.” He says: After that, he judged in our favor and wrote a document for us, in which Abdur Rahman bin Awf, Zaid bin Thabit, and other companions were witnesses. Until when Abdul Malik bin Marwan became caliph, one of that girl’s mawali died and left two thousand dinars. News reached me that the decision had been changed, so they took the dispute to Hisham bin Isma’il. So we raised the matter to Abdul Malik and brought him Umar’s document. He said: I consider this a decision about which there can be no doubt, and I did not think that the people of Madinah had reached the point of doubting this decision. So he judged in our favor regarding it, and we continued to abide by that decision thereafter.

Ibrahim reports that Hazrat Ali (may Allah be pleased with him) said regarding the woman who frees a man, that the wala’ (right of inheritance/loyalty) is for her children and the children of her children as long as there remain males among them; when they are finished, then the wala’ will return to the ‘asaba (male agnates) of that woman.