Chapter on the Allegiance of the Freed Slave

The Prophet, peace and blessings be upon him and his family, said: "Wala' (the bond of loyalty) is like the bond of lineage; it cannot be sold or given away as a gift."

Hadith.3495 - It was said to Imam Jafar ibn Muhammad Al-Sadiq (as): "Why do you say that a man's mawla (freed slave) is considered to be from him?" Imam (as) said: "Because he was created from his clay, then they were separated, and captivity brought him back to him. So, he showed compassion for what was in him (the shared origin) and freed him. Therefore, he is considered to be from him."

I asked Abu Abdullah (as), about a man who frees another man as an expiation for breaking an oath or for zihar (a prohibited declaration regarding one's wife). Imam (as) said: "The wala' (bond of loyalty) belongs to the one who freed him."

"The wala' belongs to the one who grants freedom." Later, meat was given to Barirah as charity, and she gifted it to the Messenger of Allah (swt), peace and blessings be upon him and his family. Aisha, upon seeing it, commented: "The Messenger of Allah (swt) (peace and blessings be upon him and his family) does not consume charity." When the Messenger of Allah (swt), peace and blessings be upon him and his family, arrived and saw the meat hanging, he said: "What is the matter with this meat? Why has it not been cooked?" Aisha replied: "O Messenger of Allah (swt), it was given to Barirah as charity, and you do not eat charity." The Messenger of Allah (swt), peace and blessings be upon him and his family, said: "It is charity for her, but for us, it is a gift." Then He (sw) ordered it to be cooked. Thus, three rulings (sunan) were derived from this case.

I asked Abu Abdullah (as), about a man who purchased a slave that had children from a free woman, and then the man freed the slave. Imam (as) said: "The wala' (bond of loyalty) of his children belongs to the one who freed him."

I entered upon Abu Abdullah (as), along with Ali ibn Abdul-Aziz. Imam (as) asked me: "Who is this?" I said: "Our mawla (freed servant)." Imam (as) said: "Did you free him or his father?" I said: "His father." Imam (as) said: "Then this is not your mawla; this is your brother and your cousin. A mawla is one upon whom the blessing of freedom has directly been granted. But if the blessing was granted to his father, then he is your brother and cousin." Bakr ibn Muhammad continued: A man asked him a question in my presence and said: "I have a slave who drinks and engages in disliked acts, and I wish to free him. Do you prefer that I free him or sell him and give his price in charity?" Imam (as) said: "Freeing a slave is sometimes more virtuous, and at other times charity is more virtuous. Freeing is better when people's conditions are good, but when people's conditions are difficult, charity is better. As for this particular slave, selling him is preferable to me, given his current state."

"It is neither permissible for him to sell nor to enslave him. He is his mawla (freed person) and his brother in faith. If either of them dies, the other inherits from him, unless there is a closer heir than him."

"The one who frees (a slave) is the mawla (master), and the child associates himself with whomever he wishes."

Abu Abdullah (as), was asked about al-sa'ibah (a freed slave who is left without ties). Imam (as) said: "He is a man who frees his slave and then says to him, 'Go wherever you wish. I have no share in your inheritance, nor am I responsible for any liability on your behalf.' He must have two witnesses testify to this declaration."

"He may choose whomever he wishes to be his guardian. The one he chooses will be responsible for his liabilities and will inherit from him." I asked: "What if he remains silent until he dies and does not appoint anyone as his guardian?" Imam (as) said: "His wealth will be placed in the treasury of the Muslims."

I asked Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as), about al-sa'ibah (a freed slave without specific ties). Imam (as) said: "Look in the Qur'an. Wherever there is mention of the freeing of a slave, that, O Ammar, refers to the sa'ibah, who has no wala' (loyalty) to any Muslim except Allah (swt), the Mighty and Majestic. So, whoever's wala' belongs to Allah (swt), it belongs to His Messenger. And whatever belongs to His Messenger, peace and blessings be upon him and his family, its wala' belongs to the Imam. His liabilities (for crimes or debts) are upon the Imam, and his inheritance belongs to the Imam."

I asked him about a slave who wants to purchase his freedom and secretly arranges for someone else to buy him. Is it permissible for the person acting on behalf of the slave to buy him entirely with the slave's own money and not inform the master that the purchase is being made with the slave's money? Imam (as) said: "It is not proper. However, if the slave wants to make it permissible between himself and Allah (swt), the Mighty and Majestic, so that the wala' (bond of loyalty) belongs to him, then let him add any amount he wishes (as an extra payment) from his own money toward the purchase price. By doing so, he makes the wala' lawful, and the wala' of the slave becomes his."

I asked Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as), about a man who was obligated to free a slave but died before doing so. His son then purchased a slave with his own wealth and freed him on behalf of his father. Later, the freed slave acquired wealth and passed away, leaving an inheritance. I asked: "Who inherits from him?" Imam (as) replied: "If the obligation to free the slave was due to a vow, gratitude, or was otherwise obligatory upon his father, then the freed slave is a sa'ibah (freed without claim of ownership), and no one has any claim over him." Imam (as) continued: "However, if the freed slave had allied himself (by appointing a guardian) to one of the Muslims before dying, and that guardian accepted responsibility for his offenses and liabilities, then the guardian becomes his master and inherits from him-if the freed slave has no Muslim relatives to inherit from him." "If the freed slave did not appoint a guardian before dying, then his inheritance goes to the Imam of the Muslims-provided he has no Muslim relatives to inherit from him." Imam (as) further said: "If the obligation to free the slave was voluntary, and the father had instructed his son to free a slave on his behalf, then the wala' (bond of loyalty) of the freed slave and his inheritance belong to all the children of the deceased." "In this case, the son who purchased and freed the slave based on his father's instructions is counted as one of the heirs-unless the freed slave has free Muslim relatives who can inherit from him." Imam (as) added: "If the son purchased and freed the slave after his father's death voluntarily, without any instruction from his father, then the wala' and inheritance of the freed slave belong to the son who freed him-provided the freed slave has no inheriting relatives from among his kin."