ceased before the division, so it is similar to if he had embraced Islam. Abu al-Hasan al-Tamimi said: It is derived from the opinion of those who allow the Muslim to inherit that a slave should also be allowed to inherit if he is manumitted. This is not correct; for Islam is an act of devotion and is the greatest of all acts of obedience, and the Law (Shar') has ordained that it should be encouraged through [the act of] reconciliation, thus the Law ordained his inheritance as an incentive for him to embrace Islam and an encouragement toward it. As for manumission, he has no action in it, nor is he praised for it, so it is not valid to draw an analogy between it [and Islam]. Were it not for the report (athar) that arrived concerning the inheritance of one who embraces Islam, reason would dictate that one who was not of the people of inheritance at the time of death should not inherit, because ownership transfers through death to the heirs who then become entitled to it, leaving nothing for anyone who emerges later. However, we differed from this regarding Islam due to the report, and there is no report in the case of manumission that necessitates submission, nor is it in the meaning of that which has the report, so it remains according to the requirement of analogy.

1047- Issue: He said: (And whenever an apostate is killed for his apostasy, his wealth is fay' [spoils/state treasury].)

There is a difference of opinion narrated from Ahmad regarding the wealth of the apostate if he dies or is killed for his apostasy. It is narrated from him that it becomes fay' in the public treasury of the Muslims. Al-Qadi said: It is valid in the Madhhab. This is the opinion of Ibn Abbas, Rabi'ah, Malik, Ibn Abi Layla, al-Shafi'i (may Allah be pleased with them), Abu Thawr, and Ibn al-Mundhir. There is also a narration from Ahmad indicating that it belongs to his heirs among the Muslims. This has been narrated from Abu Bakr al-Siddiq, Ali, and Ibn Mas'ud (may Allah be pleased with them). This was also the view of Ibn al-Musayyab, Jabir ibn Zayd, al-Hasan, Umar ibn Abd al-Aziz, Ata', al-Sha'bi, al-Hakam, al-Awza'i, al-Thawri, Ibn Shubruma, the people of Iraq, and Ishaq. [Except that] al-Thawri, Abu Hanifah, al-Lu'lu'i, and Ishaq said: What he acquired during his apostasy is fay'. Our companions did not distinguish between his old wealth and his newly acquired wealth. The argument for this view is that it is the opinion of the two rightly-guided caliphs; for it is narrated from Zayd ibn Thabit that he said: Abu Bakr sent me upon his return to the people of apostasy to divide their wealth among their Muslim heirs. Also, because his apostasy is a means by which his wealth transfers, so it must transfer to his Muslim heirs, just as it would transfer by death. There is a third narration from Ahmad that his wealth belongs to the people of the religion he chose, if...