Regarding a Slave Who Marries a Free Woman, Then Dies After Having Children—Who Receives the Wala' of His Children?

Ibrahim narrates from Hazrat Umar regarding the slave who marries a free woman and has children with her, and then he becomes free; he said that the allegiance (wala) of his children will be joined with him.

A’mash narrates from Ibrahim, and he says that I think he narrated this from Aswad, that Hazrat Umar said: When a free woman is under a slave and bears children, then the wala’ (allegiance) of her children is for the mawali (patrons) of the mother. When the father becomes free, he will draw the wala’ to himself.

Shu'bi narrates from Umar, Ali (may Allah be pleased with them), Abdullah, and Zaid (may Allah be pleased with him) that they used to say: When a man attains freedom and has children from his free woman, then he will draw their wala' (allegiance). The narrator says: I asked Shu'bi, "What is the ruling regarding the grandfather?" He replied: The grandfather also draws the wala' in the same way as the father does.

Harith narrates from Hazrat Ali (may Allah be pleased with him) that he said: The right of wala returns to the freedmen of the father when he is emancipated, and he stated that Hazrat Umar (may Allah be pleased with him) and Uthman (may Allah be pleased with him) gave this ruling, and Shurayh had not previously ruled according to this, but then he ruled accordingly.

33688 - And it happened that Umar and Uthman judged by it (1).

33689 - And that Shurayh did not judge by it, then he judged by it.

Hisham bin Urwah narrates from his father that a mukatab of Hazrat Zubair married the umm walad of Hazrat Rafi’ bin Khadij. It is reported that after this, she bore many children, then he was freed. So Hazrat Zubair and Rafi’ went to Hazrat Uthman for a decision, and he ruled that the wala’ would be for Hazrat Zubair.

Muhammad bin Ibrahim Taimi narrates that Hazrat Uthman bin Affan gave the decision of wala’ in favor of Hazrat Zubair.

Aswad narrates from Hazrat Abdullah (may Allah be pleased with him) that he said: When the father is freed, he will take possession of the wala.

Ikrimah narrates from Hazrat Ibn Abbas (may Allah be pleased with them) that he said: When a slave marries a free woman, then the wala’ (right of inheritance/freedom) of the child born from the womb will belong to the mother’s masters; when the father becomes free, he will take over the wala’.

Jabir narrates from a man of the Ansar who was called Ibrahim, that he narrates from Hazrat Ali (may Allah be pleased with him), he said: When the father is freed, he will take over the wala (right of allegiance).

Aamir narrates from Shurayh that he would not pass judgment regarding the transfer of wala’ until Aswad informed him that Abdullah (may Allah be pleased with him) had given a ruling about it, so he also began to give rulings on it.

Ikrimah bin Khalid narrates from Hazrat Umar bin Abdul Aziz that he said: A father draws the wala (allegiance) of his son to himself.

Hisham narrates from Muhammad that he said: A father draws the wala’ (allegiance) of his son to himself.

Yunus narrates that Hasan said: The right of wala returns to the mawali of the father when he is freed.

Qatadah narrates from Hazrat Saeed and Khallas that it was said: When a slave marries a free woman and she bears many children, then if he is set free, he acquires the right of wala (inheritance/loyalty).

Abdullah bin Abi Al-Safar narrates from Hazrat Sha’bi that he said: The grandfather draws the right of wala (clientage) to himself.