1055 - Issue: He said: (And whoever emancipates his slave on behalf of a living person without their command, or on behalf of a deceased person, the wala' belongs to the emancipator.)

This is the position of al-Thawri, al-Awza'i, al-Shafi'i, Abu Hanifah, Abu Yusuf, and Dawud. It is reported from Ibn 'Abbas that the wala' belongs to the one on whose behalf he was emancipated. Al-Hasan, Malik, and Abu 'Ubayd held this view as well, because he emancipated him on behalf of another, so the wala' should belong to the one on whose behalf he was emancipated, just as if he had commanded him to do so. Our evidence is the saying of the Prophet, peace and blessings of Allah be upon him: "The wala' belongs to the emancipator." (1) Furthermore, because he emancipated his slave without the permission of another party, the wala' belongs to him, just as if he had not intended anything [specific regarding the wala'].

1056 - Issue: He said: (And if he emancipates him on his behalf by his command, the wala' belongs to the one on whose behalf he was emancipated by his command.)

All those whose views we recounted in the first issue held this, except for Abu Hanifah, who was supported by Abu Yusuf, Muhammad ibn al-Hasan, and Dawud. They said: The wala' belongs to the emancipator unless he emancipates him on his behalf for a consideration (compensation), in which case the wala' belongs to him [the one on whose behalf he was emancipated] and he [the one on whose behalf he was emancipated] is obligated to pay the consideration. He thus becomes as if he had purchased him and then appointed him as an agent to emancipate him. However, if it is without consideration, the estimation of a sale is not valid, and thus the wala' belongs to the emancipator due to the generality of his (the Prophet's) saying: "The wala' belongs to the emancipator." Ahmad is also reported to have held this view. Our argument is that he is an agent in the emancipation, so the wala' belongs to the one on whose behalf he was emancipated, just as if he had taken consideration. Indeed, just as it is permissible to estimate a sale when he takes consideration, it is permissible to estimate a gift when he does not take consideration, for a gift is permissible in the case of a slave just as a sale is permissible. The [aforementioned] tradition is specific to the case where he takes consideration, like all other agents, so we draw an analogy for the point of contention based on that.

1057 - Issue: He said: (And whoever says: "Emancipate your slave on my behalf, and the price is upon me," the price is upon him and the wala' belongs to the one on whose behalf he was emancipated.)

We know of no disagreement in this issue, and that the wala' belongs to the one on whose behalf he was emancipated, due to his having emancipated him on his behalf for consideration.