Muwatta Imam Malik (Riwayat Yahya)

It is narrated from Abdul Malik bin Abi Bakr bin Abdur Rahman that Asiy bin Hisham died and left three sons, two of whom were full brothers and one was a half-brother (i.e., his mother was different). Then one of the full brothers died and left behind wealth and freed slaves. His heir was his full brother, who took all the wealth and the right of wala (allegiance) over the slaves. Then that brother also died and left a son and a half-brother (i.e., the son of Asiy bin Hisham). The son said: I am the owner of my father's wealth and wala. The brother said: Indeed, you are the owner of the wealth, but not of the wala. Suppose if the first brother had died today, I would have been his heir. Then both disputed. They came to Sayyiduna Uthman (may Allah be pleased with him), and he gave the wala to the brother.

Abdullah bin Abi Bakr bin Hazm was sitting with his father Aban bin Uthman when some people from Juhaina and some from Banu Harith bin Khazraj came disputing. The case was that a woman from Juhaina was married to a man from Banu Harith bin Khazraj, whose name was Ibrahim bin Kulayb. That woman died and left behind property and freed slaves. Her husband and son became her heirs. Then her son died. Now the heirs of the son said: The wala’ (right of inheritance from freed slaves) will go to us because the woman's son had taken possession of this wala’. And the people of Juhaina said that we are entitled to the wala’ because those slaves belonged to a woman from our tribe, so when her son died, the wala’ should go to us. Aban bin Uthman awarded the wala’ to the people of Juhaina.

It reached Imam Malik, may Allah have mercy on him, that Sa'id ibn al-Musayyib said: If a person dies and leaves behind three sons and a freed slave, then two of the three sons die and leave behind their own children, the heir to the wala' will be the third brother. When he dies, his children and the children of those two brothers will be equal in entitlement to the wala'.