Musannaf 'Abd al-Razzaq 16312

Translation

Machine translation, not reviewed

I said to ʿAṭāʾ: "If we set a slave free as a sāʾibah (a freed slave with no walāʾ), may he take as his patron whomever he wishes?" He said: "Yes, that used to be said: he takes as his patron whomever he wishes," unless along with that he says: "I disown your walāʾ and your liability for your offences," in which case he takes as his patron whomever he wishes. I went back to ʿAṭāʾ about it and he said: "We knew that if he says: 'You are free, a sāʾibah,' then he takes as his patron whomever he wishes and he is set loose, even if he does not say: 'Take as patron whomever you wish,' when he says: 'You are a sāʾibah.'" I said to ʿAṭāʾ: "What then makes his saying 'You are free' differ from his saying 'You are a sāʾibah'?" He said: "Because he has set him loose, left him alone and released him." I said to ʿAṭāʾ: "Why then does the sāʾibah take no one as patron until he dies?" He said: "The one who freed him is called to his inheritance. If he accepts it, he is more entitled to it; otherwise slaves are bought with it and set free." ʿAmr b. Dīnār said to me: "I see only that." I said to ʿAṭāʾ: "Then is the one who freed him held responsible, by his vow, for what he incurs?" He said: "Yes." I said to him: "Then where is the letter of ʿUmar b. ʿAbd al-ʿAzīz on this, that his inheritance belongs to the believers?" But he insisted that the one who freed him be called to his inheritance. I said to him: "He had set him free seeking reward with God, so how can he take back something that was for God?" He said: "Do you not see the one who frees a slave for God and then takes his inheritance?"

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