Section: The disposals of an apostate during his apostasy by way of sale, gift, emancipation, tadbir (stipulating emancipation upon death), will, and the like are suspended; if he embraces Islam, we determine that his disposal was valid, and if he is killed or dies in his state of apostasy, it was void. This is the opinion of Abu Hanifa. According to the view of Abu Bakr, his disposal is void, because his ownership has ceased due to his apostasy. This is one of the opinions of al-Shafi'i. In the other [opinion], he said: If he disposed [of his property] before being interdicted (hajr), it is based on the three opinions, and if he disposed of it after being interdicted, his disposal is not valid, like the incompetent (safih). Our position is that his ownership has had the right of another attached to it while his ownership of it remains, so his disposal is suspended, like the charitable gift (tabarru') of a sick person.

Section: If he marries, his marriage is not valid, because he is not permitted to remain in marriage, and what prevents being permitted to remain in marriage prevents its inception, like the marriage of a disbeliever to a Muslim woman. If he gives [someone] in marriage, his act of giving in marriage is not valid, because his guardianship (wilayah) over the one under his authority has ceased due to his apostasy. If he gives his slave woman in marriage, it is not valid, because marriage cannot be suspended, and because marriage, even if it concerns a slave woman, requires a valid guardianship in its contract, as evidenced by the fact that a woman is not permitted to give her slave woman in marriage. Likewise is the immoral person (fasiq), and the apostate has no guardianship, for he is in a lower state than the disbelieving immoral person.

Section: If a cause requiring ownership is found for the apostate, such as hunting, gathering wood, receiving a gift, purchasing, or hiring himself out through a specific or general contract, the ownership is established for him, because he is eligible for ownership, and his properties are likewise established. Whoever says that his ownership ceases does not establish ownership for him, because he is not eligible for ownership, and for this reason, the properties he already held have ceased. If he returns to Islam, it is possible that nothing is established for him either, because the cause did not have its effect established. It is also possible that ownership is established for him at that time, because the cause is present, and the establishment of its effect was only prevented due to the lack of his legal capacity; so when that capacity is found, the condition is fulfilled, and ownership is established at that time, just as his properties that had ceased to be his return to him upon the return of...