Usayd, and Sirin is the mawla of Anas, and Sulayman ibn Yasar is the mawla of Maymunah, and she had gifted his wala' to Ibn 'Abbas, and they were mukatabs, as well as others like them. This is also indicated by the fact that in the hadith of Barirah, she came to 'Aishah and said: "O Mother of the Believers, I have contracted with my family for nine awaq, so assist me." 'Aishah said: "If they wish, I shall pay them the entire amount at once, and your wala' will belong to me, I will do so." They refused to sell her unless the wala' belonged to them, so the Prophet, peace and blessings of Allah be upon him, said: "Purchase her and stipulate the wala' for them." (4) This indicates that the wala' would have been theirs if 'Aishah had not purchased her from them.

Section: If a slave purchases himself from his master for a spot price, he is emancipated and the wala' belongs to his master, because he is selling his wealth for his wealth; he is exactly like the mukatab, and the master is the one who emancipates them both, so the wala' belongs to him over them.

1054 - Issue: He said: (The wala' of the umm al-walad belongs to her master if he dies.)

He means if she is emancipated by the death of her master, her wala' belongs to him, and his closest agnate heirs (asabah) inherit from her. This is the position of 'Umar and 'Uthman, and it is the view of the generality of the jurists. Ibn Mas'ud said: She is emancipated from the share of her son, so her wala' belongs to him. Something similar is reported from Ibn 'Abbas. From 'Ali it is reported: She is not emancipated unless he emancipates her (3), and he has the right to sell her. Jabir ibn Zayd and the Ahl al-Zahir also held this view. Something similar is reported from Ibn 'Abbas. The mention of the proof for her emancipation has a place other than this, and there is no disagreement among those who hold that she is emancipated that her wala' belongs to the one upon whom she becomes free. The school of the majority is that she is emancipated upon the death of her master from the bulk of the estate, so her wala' belongs to him, because she was emancipated by his action from his wealth (4), so her wala' belongs to him, just as if she were emancipated by his verbal command. Inheritance of her wala' is restricted to the male agnates of the master, like the mudabbar and the mukatab.