Meaning, if one of the two unbelieving parents of the child dies, the child becomes a Muslim upon his death, and the inheritance is distributed to him. Most jurists are of the opinion that his Islam is not judged by the death of both of them, nor by the death of one of them; because his disbelief was established by way of following (taba'an), and no Islam was manifested from him, nor from those whom he follows, so it is necessary to maintain him in the state he was in. Also, because it has not been reported from the Prophet (peace and blessings of Allah be upon him), nor from any of his Caliphs, that he coerced anyone from among the People of the Covenant (Ahl al-Dhimma) into Islam upon the death of his father, even though their time was not devoid of the death of some of the People of the Covenant leaving behind an orphan. Our argument is the saying of the Prophet (peace and blessings of Allah be upon him): "Every newborn is born upon the primordial nature (fitra), then his parents make him a Jew, a Christian, or a Magian." (Agreed upon). He attributed his disbelief to the action of his parents; therefore, if one of them dies, that affiliation ceases, and it is necessary to leave him upon the primordial nature (fitra) on which he was born. Furthermore, the issue is posited regarding one whose father dies in the Abode of Islam (Dar al-Islam), and the status of the abode is to judge the inhabitants as Muslim, which is why we judge the foundling within it to be a Muslim. Disbelief was only established for the child who has parents, so if they, or one of them, are absent, it is necessary to leave him upon the ruling of the abode, due to the cessation of his affiliation to someone who disbelieves by way of it. The inheritance was only distributed to him because his Islam was only established upon the death of his father, through whom he became entitled to the inheritance; therefore, it is a cause for both, so the Islam that prevents inheritance does not precede his entitlement to it. Moreover, freedom that is made contingent upon death does not necessitate inheritance in the case where the master of a slave says to him: "If your father dies, you are free." When his father dies, he is emancipated but does not inherit, so it is necessary that Islam, when made contingent upon death, should not prevent inheritance. This applies when he is in the Abode of Islam, for when his affiliation to his parents or one of them ceases, the ruling of the abode is established for him. As for the Abode of War (Dar al-Harb), we do not judge the child of two unbelieving parents in it to be a Muslim upon their death, nor the death of one of them; because the abode is not judged by the Islam of its inhabitants, and likewise, we do not judge the foundling within it to be a Muslim.

1549- Issue: He said: (And whoever is testified against for apostasy, and he says: "I did not disbelieve." If it is testified against him...)