1051 - Issue: He said: (Whoever emancipates a slave as a 'sa'ibah' [a slave emancipated without a claim to wala'], he shall have no wala'. If he takes anything from his inheritance, he must return it to its equivalent.)

Ahmad said, in a narration by Abd Allah: A man emancipates his slave as a sa'ibah; he is the man who says to his slave: 'I have emancipated you as a sa'ibah.' It is as if he dedicates him to Allah; the wala' does not belong to his master, for he has dedicated him to Allah and surrendered him. From Abu Amr al-Shaybani, from Abd Allah ibn Mas'ud: 'The sa'ibah places his wealth wherever he wishes.' Ahmad said, and Umar said: 'The sa'ibah and the sadaqah [charity] are for the day they are given.' Whenever a man says to his slave, 'I have emancipated you as a sa'ibah,' or 'I have emancipated you and I have no wala' over you,' he has no wala' over him. If he dies and leaves behind wealth but no heir, slaves are to be purchased with his wealth and emancipated. This is the explicit text reported from Ahmad. Ibn Umar emancipated a slave as a sa'ibah, and he died; Ibn Umar then purchased slaves with his wealth and emancipated them. Umar ibn Abd al-Aziz, al-Zuhri, Makhul, Abu al-Aliyah, and Malik said: His wala' is assigned to the community of Muslims. It is reported from 'Ata' that he said: 'We used to know that if he said: "You are free as a sa'ibah," then he [the slave] may pledge loyalty to whomever he wishes.' Perhaps Ahmad, may Allah have mercy on him, leaned toward the purchase of slaves as a matter of recommendation (istihbab) due to the action of Ibn Umar. And [the second narration]: The wala' belongs to the emancipator. This is the position of al-Nakha'i, al-Sha'bi, Ibn Sirin, Rashid ibn Sa'd, Damrah ibn Habib, al-Shafi'i, and the people of Iraq; because of his saying, peace be upon him: "Wala' belongs to the one who emancipates." And he designated it as a bond like the bond of lineage. Just as the lineage of a human or a child born of a marriage bed cannot be terminated by a condition, the wala' cannot be removed from an emancipated slave. For this reason, when the family of Barirah wanted to stipulate her wala' for themselves, the Prophet, peace and blessings of Allah be upon him, said to 'Aisha: "Purchase her and stipulate the wala' for them, for the wala' belongs only to the one who emancipates." This means that their stipulation...