The heir. This is the apparent view, and it is the view of Malik, al-Shafi'i, and most of the scholars. Shurayh and Ishaq said: The wala' belongs to his finder, based on what Wathilah ibn al-Asqa' narrated, who said: The Messenger of Allah (may Allah bless him and grant him peace) said: "The woman acquires three inheritances: her emancipated slave, her foundling, and the child she performed li'an (imprecation) over." It was recorded by Abu Dawud and al-Tirmidhi, who said: It is a hasan (good) hadith. 'Umar also said to Abu Jamilah regarding his foundling: "He is free, you have his wala', and we are responsible for his maintenance." Our evidence is the statement of the Prophet (may Allah bless him and grant him peace): "Wala' belongs only to the one who emancipated (the slave)." Furthermore, no status of slavery has been established for him, nor for his ancestors.
(2) Recorded by Abu Dawud, in: Chapter: The Inheritance of the Son of a Woman of Li'an, from the Book of Inheritance (Sunan Abi Dawud 2/113); and al-Tirmidhi, in: Chapter: What Has Been Said Regarding What Women Inherit, from the Chapters of Inheritance ('Aridat al-Ahwadhi 8/267). It was also recorded by Ibn Majah, in: Chapter: A Woman Acquires Three Inheritances, from the Book of Inheritance (Sunan Ibn Majah 2/916); and Imam Ahmad, in: Al-Musnad (3/490, 4/107). (3) Its extraction was mentioned previously on page 350. (4) Recorded by al-Bukhari, in: Chapter: Mentioning Selling and Buying on the Pulpit in the Mosque, from the Book of Prayer; in: Chapter: Charity to the Mawali of the Wives of the Prophet (may Allah bless him and grant him peace), from the Book of Zakat; in: Chapter: If One Stipulates Conditions in a Sale That Are Not Permissible, from the Book of Sales; in: Chapter: If a Mukatib Says, 'Buy...', from the Book of Mukatib; in: Chapter: Conditions in Sales, Chapter: What Is Permissible of the Conditions of a Mukatib..., Chapter: Conditions in Wala', and Chapter: The Mukatib and What Is Not Permissible of Conditions..., from the Book of Conditions; in: Chapter: A Free Woman Under a Slave, from the Book of Marriage; in: Chapter: The Sale of a Slave Girl Is Not Divorce, from the Book of Divorce; in: Chapter: Meat, from the Book of Food; in: Chapter: If One Emancipates for Expiation, for Whom Is the Wala'?, from the Book of Expiations; and in: Chapter: Wala' Belongs to the One Who Emancipated, The Inheritance of the Foundling, Chapter: Inheritance of a Sa'ibah, and Chapter: If One Converts at His Hands, from the Book of Inheritance (Sahih al-Bukhari 1/123, 2/158, 3/96, 200, 248, 250, 251, 259, 7/11, 61, 100, 8/182, 191, 192, 193). Also by Muslim, in: Chapter: Wala' Belongs Only to the One Who Emancipated, from the Book of Emancipation (Sahih Muslim 2/1141, 1143, 1144, 1145). Abu Dawud, in: Chapter: On Wala', from the Book of Inheritance, and in: Chapter: On Selling a Mukatib If the Kitabah (Contract) Is Annulled, from the Book of Emancipation (Sunan Abi Dawud 2/114, 347). Al-Tirmidhi, in: Chapter: What Has Been Said Regarding a Man Who Gives Charity or Emancipates at Death, from the Chapters of Wills ('Aridat al-Ahwadhi 8/281). Al-Nasa'i, in: Chapter: If the Charity Is Transferred, from the Book of Zakat; in: Chapter: The Option of a Slave Girl, Chapter: The Option of a Slave Girl If She Is Emancipated While Her Husband Is Free, and Chapter: The Option of a Slave Girl If She Is Emancipated While Her Husband Is a Slave, from the Book of Divorce; and in: Chapter: The Sale That Contains an Invalid Condition..., Chapter: Selling a Mukatib, and Chapter: The Mukatib Being Sold Before Possession..., from the Book of Sales (Al-Mujtaba 5/81, 6/132, 133, 134, 135, 7/264, 268, 269). Ibn Majah, in: Chapter: The Option of a Slave Girl If She Is Emancipated, from the Book of Divorce, and in: Chapter: The Mukatib, from the Book of Emancipation (Sunan Ibn Majah 1/671, 2/842, 843). Al-Darimi, in: Chapter: Giving a Slave Girl a Choice..., from the Book of Divorce (Sunan al-Darimi 2/169). Imam Malik, in: Chapter: What Has Been Said Regarding the Option, from the Book of Divorce, and in: Chapter: To Whom the Wala' Returns After One Emancipates, from the Book of Emancipation (Al-Muwatta 2/562, 780, 781). Imam Ahmad, in: Al-Musnad (1/128, 321, 2/28, 100, 113, 144, 153, 156, 6/33, 42, 46, 82, 103, 121, 135, 172, 175, 178, 180, 186, 190, 213, 272).
