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Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn
Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al-
Harith ibn Hisham that his father told him that al-Asi ibn Hisham had
died and left three sons, two by one wife and one by another wife. One
of the two with the same mother died and left property and mawali. His
full brother inherited his property and the wala' of his mawali. Then
he also died, and left as heirs his son and his paternal half brother.
His son said, "I obtain what my father inherited of property and the
wala' of the mawali." His brother said, "It is not like that. You
obtain the property. As for the wala' of the mawali, it is not so. Do
you think that had it been my first brother who died today, I would
not have inherited from him?" They argued and went to Uthman ibn
Affan. He gave a judgement that the brother had the wala' of the
mawali.
Muwatta Malik Book 38, Hadith 25
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Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother." Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment." Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations." Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance." Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free." Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."
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Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his
father told him that he was sitting with Aban ibn Uthman, and an
argument was brought to him between some people from the Juhayna tribe
and some people from the Banu al-Harith ibn al-Khazraj. A woman of the
Juhayna tribe was married to a man from the Banu al-Harith ibn al-
Khazraj, called Ibrahim ibn Kulayb. She died and left property and
mawali, and her son and husband inherited them from her. Then her son
died and his heirs said, "We have the wala' of the mawali. Her son
obtained them." Those of the Juhayna said, "It is not like that. They
are the mawali of our female associate. When her child died, we have
their wala' and we inherit them." Aban ibn Uthman gave a judgement
that the people from the Juhayna tribe did indeed have the wala' of
the mawali.