Labban said: And because he has an aman (guarantee of safety) through the Muslim's emancipation of him. The correct view, if Allah wills, is the permissibility of his enslavement; because he is an original disbeliever, a person of the Book, so his enslavement is permissible just like the slave emancipated by a belligerent, and just like one who is not emancipated. Regarding their claim that his enslavement invalidates the wala' of the Muslim, we respond: We do not concede this; rather, whenever he is emancipated, the wala' returns to the first patron, and its operation was merely prevented during his state of enslavement due to an impediment. Even if we concede that it involves the invalidation of his wala', then the same applies to his killing, and it has been permitted to invalidate his wala' by killing, so it is the same with enslavement. Furthermore, the operation of kinship is invalidated by enslavement, so the same applies to wala'. Ibn al-Labban's statement that he has an aman is incorrect; for if he had an aman, it would not be permissible to kill him or take him captive. Based on this, if he is enslaved and then emancipated, it is possible that the wala' belongs to the second patron, because when two rulings contradict each other, the latter of the two is the established one, like an abrogating and an abrogated text. It is also possible that it belongs to the first, because his wala' was established while he was protected, so it is not extinguished by seizure, like the reality of ownership. It is also possible that it is between them, and whichever of them dies, it belongs to the second. If a Muslim emancipates a Muslim, or a dhimmi emancipates him, then he apostatizes and flees to the Dar al-Harb and is captured, his enslavement is not permissible. If he is purchased, the sale is invalid, and nothing is accepted from him except repentance or execution.

Section: The sale of wala' or its gifting is not valid, nor is it valid for him to permit his patron to assign his wala' to whomever he wishes. This has been narrated from Umar, Ali, Ibn Mas'ud, Ibn Abbas, and Ibn Umar, may Allah be pleased with them. This is also the position of Sa'id ibn al-Musayyab, Tawus, Iyas ibn Mu'awiya, al-Zuhri, Malik, al-Shafi'i, and Abu Hanifa and his companions. Jabir ibn Abd Allah disliked the sale of wala'. Sa'id said: Jarir narrated to us, from Mughira, from Ibrahim, who said: Abd Allah said: Wala' is only like lineage; so does a man sell his lineage? He also said: Sufyan narrated to us, from Amr ibn Dinar, that Maymuna gifted the wala' of Sulayman ibn Yasar to Ibn Abbas, and he was a mukatab (under a contract of manumission). It is also narrated that Maymuna gifted the wala' of her mawali.