his legal capacity. Accordingly, if he dies or is killed, ownership is established for the person to whom his ownership is transferred, because this is of the same meaning.

Section: If the apostate flees to the land of war (dar al-harb), the ruling concerning him is the same as the ruling concerning him when he is in the land of Islam (dar al-islam), except that the property he has with him becomes lawful for anyone who is able to seize it, just as his blood was rendered lawful. As for his properties and wealth that are in the land of Islam, his ownership remains established therein, and the ruler (hakim) manages it in whatever way he deems beneficial. Abu Hanifa said: His wealth is inherited, just as if he had died, because he has come under the status of the dead, as evidenced by the lawfulness of his blood and the wealth he has with him to anyone who is able to seize it. Our position is that he is alive, so he is not inherited from, like the original belligerent (al-harbi al-asli), and the lawfulness of his blood does not necessitate the inheritance of his wealth, as evidenced by the original belligerent. Only the wealth that he has with him became lawful, because the [legal] protection (isimah) for it has ceased; thus it is like the wealth of the belligerent that is in the land of war. As for that which is in the land of Islam, it remains under [legal] protection, like the wealth of the belligerent that is with his mudarib (partner in a speculative contract) in the land of Islam, or with his depositary (muda'):

1540 - Issue; He said: "And whoever abandons prayer shall be invited to perform it for three days; if he prays, [he is released], otherwise he is killed, whether he denies that it is obligatory or does not deny it."

The explanation of this issue has already preceded in a separate chapter dedicated to it. There is no disagreement among the scholars regarding the disbelief (kufr) of someone who abandons it while denying its obligation, provided he is someone who is not ignorant of such a matter. If he is someone who does not know of its obligation—such as a recent convert to Islam, or someone raised outside the land of Islam, or in a remote desert far from urban centers and scholars—he is not judged as an unbeliever. He is taught that, and the proofs for its obligation are established for him; if he denies it after that, he becomes an unbeliever. As for when the one who denies it was raised in urban centers among scholars, he becomes an unbeliever by the mere act of denying it. The same ruling applies to all the foundations of Islam, which are Zakat, fasting, and Hajj, because they are the foundations of Islam, and the proofs of their obligation are such that they are rarely hidden, since the Book and the Sunnah are replete [with them].