transferring the wala' from the emancipator is of no benefit and does not remove the wala' from the emancipated slave. Muslim (9) narrated with his chain of transmission from Huzayl ibn Shurahbil, who said: A man came to Abd Allah and said: "I emancipated a slave of mine and made him a sa'ibah, then he died, leaving wealth but no heir." Abd Allah said: "The people of Islam do not make slaves sa'ibah, whereas the people of the Jahiliyyah used to do so. You are the guardian of his favor (ni'mah). If you feel sinful or uneasy about any part of it, we will accept it and place it in the public treasury (bayt al-mal)." Sa'id (10) said: Hushaym informed us, Bishr informed us, from 'Ata', that Tariq ibn al-Muraqqa' emancipated several sa'ibah, and they died, so he wrote to Umar, may Allah be pleased with him. Umar wrote back: "Hand over the man's wealth to his master. If he accepts it, then well and good; otherwise, purchase slaves with it and emancipate them on his behalf." He (11) said: Hushaym informed us from Mansur that Umar and Ibn Mas'ud said regarding the inheritance of the sa'ibah: "It belongs to the one who emancipated him." This opinion is more correct according to both narration (athar) and legal reasoning (nazar). As for the instances where the Companions assigned his inheritance to the public treasury or the like, it was due to the emancipator's voluntary donation and his scrupulousness (tawarrul) regarding the inheritance, such as the action of Ibn Umar regarding the inheritance of his freed slave, and the action of Umar and Ibn Mas'ud regarding the inheritance of the one whose master was scrupulous about taking his wealth. It has been narrated that Salim, the mawla of Abu Hudhayfah, was emancipated by Lubna bint Yu'ar as a sa'ibah, and he was killed leaving a daughter, so Umar gave her half of his wealth and placed the other half in the public treasury. According to the stated position from Ahmad, if the sa'ibah leaves behind wealth, slaves are to be purchased with it and emancipated. If anything returns from their inheritance, slaves are to be purchased with that as well and emancipated. If the sa'ibah leaves behind a primary heir (dhu fard) who does not exhaust all his wealth, he takes his prescribed portion, and the remainder is used to purchase slaves who are then emancipated; it is not returned to the primary heir.
(9) We did not find it in Muslim, but it was recorded by al-Bukhari, in: Chapter on the Inheritance of the Sa'ibah, from the Book of Obligations (Fara'id). Sahih al-Bukhari 8/192, in an abridged form. Also by al-Bayhaqi, in: Chapter on He Who Emancipates a Slave of His as a Sa'ibah, from the Book of Wala'. Al-Sunan al-Kubra 10/300, and he indicated that al-Bukhari narrated it in abridged form in his Sahih. And by Abd al-Razzaq, in: Chapter on the Inheritance of the Sa'ibah, from the Book of Wala'. Al-Musannaf 9/25, 26. See Tuhfat al-Ashraf 7/154, for he attributed it to al-Bukhari only. (10) In: Chapter on the Inheritance of the Sa'ibah, Sunan Sa'id ibn Mansur 1/83. As it was recorded by al-Bayhaqi, in: Chapter on He Who Emancipates a Slave of His as a Sa'ibah, from the Book of Wala'. Al-Sunan al-Kubra 10/300, 301. (11) In: The previous chapter, the previous location.
