Malik related to me that he had heard that Said ibn al-Musayyab
spoke about a man who died and left three sons and left mawali whom he
had freed. Then two of his sons died and left children. He said, "The
third remaining son inherits the mawali. When he dies, his children
and the children of his brothers share equally in the wala' of the
mawali."
Malik related to me that he had asked Ibn Shihab about a slave
who was released. He said, "He gives his wala' to whomever he likes.
If he dies and has not given his wala' to anyone, his inheritance goes
to the muslims and his blood-money is paid by them."
Malik
said, "The best of what has been heard about a slave who is released
is that no one gets his wala', and his inheritance goes to the
muslims, and they pay his blood-money."
Malik said that when
the slave of a jew or christian became muslim and he was freed before
being sold, the wala' of the freed slave went to the muslims. If the
jew or christian became muslim afterwards, the wala' did not revert to
him. "
He said, "However, if a jew or christian frees a slave
from their own deen, and then the freed one becomes muslim before the
jew or christian who freed him becomes muslim and then the one who
freed him has become muslim, his wala' reverts to him because the
wala' was confirmed for him on the day he freed him."
Malik
said that the muslim child of a jew or christian inherited the mawali
of his jewish or christian father when the freed mawla became muslim
before the one who freed him became muslim. If the freed one was
already muslim when he was freed, the muslim children of the christian
or jew had nothing of the wala' of a muslim slave because the jew and
the christian did not have the wala'. The wala' of a muslim slave went
to the community of muslims.