The patron of manumission (mawla al-'itaqa) and the right of ascription (wala')

مَوْلَى العَتَاقَة (ولاء المعتق)

The mawla al-'itaqa is the one who frees a slave and holds the right of patronage (wala') over him. The term also covers one whose slave becomes free by purchase, bargain, writing of manumission, promise of freedom after death, a mother's child, or a kinsman he buys. Its rules cover inheritance, which gives the patron a share after the shares fixed by the Qur'an and before the return on the sharers; the precedence of blood-kin; the patronage of an unbeliever; the freed ward who was left unclaimed (sa'iba); and the order of the patron and his heirs.

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Summary

The patron of manumission is the one who frees a slave and holds the right of patronage over him; the right is inherited, and it is a grace in return for the freedom given. 1

Other kinds of freedom

The term also covers one whose slave is freed by purchase, bargain, a writing of manumission, the promise of freedom after death, a mother's child, or a kinsman he inherits or buys. 1 2

Inheritance

The patron inherits after the sharers are paid and before any return, and before distant kin; if there are blood-kin of the freed man, the patron takes nothing once the shares exhaust the estate, on the saying: 'give the shares to their owners'. 2 3

Patronage of an unbeliever

Most jurists hold that patronage passes to an unbeliever over a Muslim as the reverse, and that they do not inherit from each other, on the saying that a Muslim does not inherit from an unbeliever. The Malikis hold that if a Muslim frees a Muslim, no unbeliever has patronage. 3 4

The freed ward left unclaimed

A man who frees his slave as an unclaimed freed ward has no patronage over him, according to Ahmad in one report; Ibn Mas'ud held that the believers do not leave slaves unclaimed, that this was the custom of the time of ignorance, and that the patron is the community of believers. 4 5 6

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15306
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15307
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15308
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15309
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15310
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15311
Cite this page

islam.museum contributors. “The patron of manumission (mawla al-'itaqa) and the right of ascription (wala')”. islam.museum, https://islam.museum/en/concept/mawla-al-itaqa/. CC BY-SA 4.0. Last updated 2026-10-23.

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