For his (peace be upon him) saying: "The wala' belongs to the one who emancipates" (13). If the master emancipates her and she gives birth to a child within less than six months, then the child is touched by slavery and is emancipated by direct emancipation, so his wala' does not transfer. If she gives birth to him after more than six months while the marriage remains, he is not judged to have been touched by slavery, and his wala' transfers, because it is possible that he was conceived after the emancipation, so he was not touched by slavery and is not judged to be a slave based on doubt. If the woman is divorced (ba'in) and gives birth to a child four years after the separation, he is not affiliated with the father, and his wala' belongs to the master of his mother. If she gives birth to him in less than that time, the child is affiliated with him, and his wala' transfers. The child of a slave woman is a slave, whether from marriage or illicit intercourse, regardless of whether the husband is Arab or non-Arab. This is the opinion of the general body of jurists. From Umar: If (14) her husband is an Arab, his child (15) is free, and the value (of the child) is upon him, and there is no wala' upon him. Similar was narrated from Ahmad, and this was held by Ibn al-Musayyab, al-Thawri, al-Awza'i, and Abu Thawr. It was also said (16) by al-Shafi'i in the old opinion (al-qadim), but he later recanted it. The first view is more appropriate, because their mother is a slave, so they are slaves, just as if their father were a non-Arab. The third condition is that the master emancipates the slave; if he dies in slavery, the wala' does not transfer under any circumstances, and there is no disagreement on this. If the master of the slave and the master of the mother differ regarding the father after his death, and his master says: "He died free after the transfer of the wala'," and the master of the mother denies this, then the statement is that of the master of the mother, as mentioned by Abu Bakr, because the principle is the persistence of slavery. This is the school of al-Shafi'i.

Section: If the father is not emancipated, but the grandfather is emancipated, Ahmad said: The grandfather (14) does not transfer the wala', he is not like the father. This was also held by Abu Hanifah and his two companions. Another narration from Ahmad states that he does transfer it. This was held by Shurayh, al-Sha'bi, al-Nakha'i, the people of Medina, Ibn Abi Layla, al-Hasan ibn Salih, Ibn al-Mubarak, Abu Thawr, Dirar ibn Surad, and al-Shafi'i in one of his two opinions. If the father is emancipated after that, he transfers it from the masters of the grandfather to himself, because the grandfather occupies the position of the father in terms of 'asaba (agnatic inheritance) and the rulings of lineage, and likewise in the transfer of the wala'.