it is a right of Allah the Almighty, thus the master possesses the authority to implement it upon his slave, just as in the case of flogging the adulterer. Our stance is that it is a killing performed for the sake of a right of Allah the Almighty, and therefore it is the prerogative of the Imam, similar to the stoning of the adulterer and the killing of a free person. As for his statement: "Carry out the prescribed punishments," it does not encompass killing for apostasy, for he is killed due to his disbelief, not as a hadd punishment concerning him. Regarding the report about Hafsah, indeed 'Uthman was angered by her and it was a grievous matter to him. As for flogging in adultery, it is a form of disciplinary correction (ta'dib), and a master has the right to discipline his slave, unlike killing. If someone other than the Imam kills him, he has done wrong, but there is no legal liability (daman) upon him, because it is a location that is not inviolable (ghayr ma'sum), and this applies regardless of whether he killed him before or after the request for repentance; for that reason. Whoever acts in such a manner is subject to ta'zir (discretionary punishment) for his wrongdoing and for overstepping the authority of the ruler.

1539 - Issue: He said: (And his wealth shall be considered fay' after the discharge of his debts)

In summary, if the apostate is killed or dies while in his state of apostasy, priority is given to the discharge of his debts, the indemnity for his crimes, and the maintenance of his wife and relatives; for it is not permissible to nullify these rights, and they are the first things to be extracted from his wealth, and whatever remains of his wealth is considered fay' to be placed in the public treasury (bayt al-mal). There is another narration from Ahmad indicating that it belongs to his heirs among the Muslims, and another narration that it belongs to his relatives from the people of the religion to which he transferred. This issue has already been discussed in full in the section on Inheritance (Fara'id) (2) in a manner that renders further mention of it here unnecessary.

Section: The removal of the apostate's ownership is not decreed upon his mere apostasy, according to the statement of the majority of the people of knowledge. Ibn al-Mundhir said: All those of the people of knowledge from whom we retain information have reached a consensus on this. Based on this, if he is killed or dies, his ownership ceases upon his death, but if he returns (3) to Islam, his ownership remains his. Abu Bakr said: His ownership ceases upon his apostasy, and if he returns to Islam (4), it returns to him as a new acquisition; because the inviolability of his person...