And it was narrated from him that the Messenger of Allah (peace and blessings be upon him) forbade the sale of wala' and its gift. Agreed upon.
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The Shaykh : Good, then he said, the new lesson: And it was narrated from him (may Allah be pleased with him): Muwatta Malik 38:21. Agreed upon. Wala' here means the wala' of manumission. It has been established previously that wala' is a kinship bond that is established for the manumitter and his kin who are kin by themselves. -Pay attention- for the manumitter and his kin who are kin by themselves. That is, if you manumit a slave, his wala' becomes yours. You inherit from him if there is no kin by blood and no heir with a fixed share who exhausts the estate. Likewise, you assume the role of the kin by blood if there is no kin by blood. It has been established for us that wala' belongs to the one who manumits, Sahih al-Bukhari 6752 so it is not permissible for the one who has wala' to sell it. If a man manumits a slave and another person comes and says, "Sell me your wala' that was established for you by manumitting this man," then the sale is not permissible. The sale is not permissible.
If someone asks, "Why is it not permissible?" We say: Because the Prophet (peace and blessings be upon him) said:Bulugh al-Maram 15:12 Just as a person is not allowed to sell his kinship, so he is not allowed to sell his wala'. If a person came to another and said, "So-and-so, are you the father of this child?" He said, "Yes." He said, "Sell me your fatherhood." Is that valid?
The student: It is not valid.
The Shaykh : It is not valid. Likewise, it is not valid to sell wala' to him. This is the second aspect. This is evidence from the Sunnah. There is also theoretical evidence: the one who buys wala' usually buys it for the sake of the kinship bond that is established for him. And the kinship bond is unknown in reality. Why is it unknown? Because it is possible that this freed slave has a wala' of kinship, a kinship bond of kinship. It is possible that he has a kinship bond of kinship; he may have sons born to him, and his kinship bond would be for these children. Or he may have paternal uncles by kinship, or brothers by kinship, or the like.
Second, even if this did not happen, the inheritance you were hoping for from this freed slave may or may not occur. The wealth he has may be lost, or it may increase significantly, or it may decrease. The point is that the purpose for which you bought his wala' may be lost. Therefore, the sale of wala' is forbidden.
Good. The gift of wala'. The gift of wala' is likewise not permissible. If a person manumits a slave and says to a friend, "I manumitted my slave Ghanim, and his wala' is a gift to you from me," what do we say? Huh?
The student: It is not permissible.
The Shaykh : It is not permissible. Good. If the second person says, "And I manumitted my slave Salim, so his wala' is yours," huh?
The student: It is not permissible.
The Shaykh : It is not permissible either. Even if they exchange them, it is not permissible, because wala' is a bond, just like the bond of kinship.
that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling or giving away the wala'.
أنّ رسول الله صلّى الله عليه وسلّم نهى عن بيع الولاء، وعن هبتهThe Wala' is for the manumitted (of the slave).
إنّما الولاء لمن أعتقIf someone asks, "Why is it not permissible?" We say: Because the Prophet (peace and blessings be upon him) said:
The Wala’ (of a manumitted slave) is considered as one’s lineage
الولاء لحمة كلحمة النّسبThe student: It is not valid.
The Shaykh : It is not valid. Likewise, it is not valid to sell wala' to him. This is the second aspect. This is evidence from the Sunnah. There is also theoretical evidence: the one who buys wala' usually buys it for the sake of the kinship bond that is established for him. And the kinship bond is unknown in reality. Why is it unknown? Because it is possible that this freed slave has a wala' of kinship, a kinship bond of kinship. It is possible that he has a kinship bond of kinship; he may have sons born to him, and his kinship bond would be for these children. Or he may have paternal uncles by kinship, or brothers by kinship, or the like.
Second, even if this did not happen, the inheritance you were hoping for from this freed slave may or may not occur. The wealth he has may be lost, or it may increase significantly, or it may decrease. The point is that the purpose for which you bought his wala' may be lost. Therefore, the sale of wala' is forbidden.
Good. The gift of wala'. The gift of wala' is likewise not permissible. If a person manumits a slave and says to a friend, "I manumitted my slave Ghanim, and his wala' is a gift to you from me," what do we say? Huh?
The student: It is not permissible.
The Shaykh : It is not permissible. Good. If the second person says, "And I manumitted my slave Salim, so his wala' is yours," huh?
The student: It is not permissible.
The Shaykh : It is not permissible either. Even if they exchange them, it is not permissible, because wala' is a bond, just like the bond of kinship.