And the price is binding upon him because he emancipated him on his behalf under the condition of compensation; thus, his purchasing [the slave] from him is estimated, and then his appointment as an agent for his emancipation [is estimated], so that it may be valid on his behalf. Consequently, the price is upon him and the wala' belongs to him, just as if he had purchased him from him and then appointed him as an agent for his emancipation.

1058 - Issue: He said: (And if he said: "Emancipate him, and the price is upon me," the price is upon him, and the wala' belongs to the emancipator.)

The price is upon him only because he made a wage (ju'l) for him to emancipate his slave, so he became obligated to that [payment] upon the completion of the act, just as if he said: "Whoever builds this wall for me, for him is a dinar." If a person builds it, he earns the dinar. The wala' belongs to the emancipator because he did not command him to emancipate him on his behalf, nor did the emancipator intend that, so that which would necessitate directing it [the wala'] to him is absent. Thus, it remains with the emancipator, in accordance with his, peace and blessings of Allah be upon him, saying: "The wala' belongs to the emancipator." (1)

Section: Whoever bequeaths that he be emancipated on his behalf after his death, and he is emancipated, the wala' belongs to him. Likewise, if he bequeaths the emancipation of his slave and does not say: "on my behalf," and he is emancipated, the wala' belongs to him, because the emancipation is from his wealth. If that which is required to be emancipated on his behalf—such as an expiation or the like—is emancipated, its discussion has already passed in what preceded.

1059 - Issue: He said: (And whoever emancipates a slave of his who has children from a freedwoman of a people, the emancipator of the slave draws the wala' of his children.)

The sum of this is that when a man emancipates his female slave, she marries a slave and he has children by her, then her children from him are free, and the wala' for them belongs to the master of their mother; he is the one who bears their blood money (ya'qilu 'anhum) and inherits from them if they die, because he was the cause of the favor bestowed upon them by the emancipation of their mother, so they became free on account of that. If the slave's master emancipates him, the wala' over him is established for him, and he draws to himself the wala' of his children away from the master of their mother. This is because when the father was a slave, he was not fit to be an heir nor a guardian (wali) in marriage; thus, his son was like the child of a woman whose husband has invoked lian (li'anah), his lineage is severed from his father, and the wala' was established for the master of his mother and he was affiliated with her. When the slave is emancipated, affiliation to him becomes valid, and he returns to being an heir, a bearer of blood money, and a guardian; thus returns