is not removed from him for any reason on his part. Here, however, it is removed by his returning [to Islam]. Furthermore, retaliation only lapses due to a reason on the part of the one entitled to it; thus, an analogue to our issue is when the one entitled to retaliation becomes insane, for he cannot exact it during (7) his state of insanity.

Section: Whoever commits [a crime necessitating] a fixed legal punishment (hadd), then apostatizes, then embraces Islam, his punishment is to be carried out upon him. Al-Shafi'i held this view, whether he joined the Abode of War (dar al-harb) during his apostasy or did not join it. Qatada said, regarding a Muslim who committed a crime, then joined the Romans, then was captured: If he had apostatized, the punishment is averted from him, and if he had not apostatized, it is carried out upon him. Abu Hanifa and al-Thawri said something similar, except regarding the rights of people; because his apostasy rendered his deeds void, thus dropping the rights of Allah the Almighty that were upon him, like one who did that while in his state of polytheism, and because "Islam wipes away what came before it" (8). Our argument is that it is a right upon him, so it does not lapse with his apostasy, like the rights of human beings. It differs from what he did in his state of polytheism, for its ruling was not established against him. As for his statement: "Islam wipes away what came before it," the intended meaning is what he did during his state of disbelief; for if he intended what came before his apostasy, it would lead to the conclusion that apostasy—which is the greatest of sins—is an expiation for sins, and that whoever has many sins and fixed punishments incumbent upon him could disbelieve (9) and then embrace Islam, and his sins would be expiated and his punishments would lapse.

Section: As for what he did during his apostasy, Muhanna narrated from Ahmad, saying: I asked him about a man who apostatized from Islam, committed highway robbery, and killed a person, then joined the Abode of War, and the Muslims captured him. He said: The punishments are carried out upon him, and retaliation is exacted from him. I asked him about a man who apostatized, joined the Abode of War, killed a Muslim therein, then returned repentant having embraced Islam, and his guardian (wali) captured him; is retaliation incumbent upon him? He said: The ruling has ceased upon him because he only killed while he was a polytheist, and likewise if he stole while he was a polytheist. Then he paused after that and said: I do not say anything regarding this. Al-Qadi said: Whatever he struck during his apostasy—be it a person, property, or a wound—he is liable for it, whether he was in a position of strength (mana'ah) and a group, or not; because he had committed himself to the ruling of Islam.