Musannaf Ibn Abi Shaybah

Qais bin Sa’d narrates from Mujahid, and Ikrimah bin Khalid narrates from Yazid bin Abdul Malik, that it was said: The child born to a woman while she is in the state of slavery to her husband, his wala’ will be for the mother’s masters; and the child born while the father is free, his wala’ will be for the father’s masters.

Muammar narrates that Zuhri said: Only he can claim wala’ whose wife gives birth to a child while the husband is free.

Ibn Jurayj says that I asked Ata: A man married a free woman and she gave birth to a child, then the slave was set free. So, to whom does the wala’ (right of inheritance) of his children belong? He replied: The wala’ of his children belongs to the family of their mother.

Ibn Aun narrates that Hasan used to say that when a man is set free and his son is set free by another man, then he (the father) draws back the wala’ (right of allegiance) of his son. So Muhammad bin Sirin came to them and asked, “Did Umar say this?” He replied, “This is what we say.”