if among them there is one who inherits from him, otherwise it is fay'. Dawud also held this view. It was also narrated from Alqama and Sa'id ibn Abi Arubah; because he is a disbeliever, so his coreligionists inherit from him, like the Harbi (alien enemy) and other disbelievers. The well-known view is the first, due to the saying of the Prophet (peace and blessings of Allah be upon him): "A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim," and his saying: "People of two different religions do not inherit from one another." Furthermore, because he is a disbeliever, a Muslim does not inherit from him, just like an original disbeliever. Also, his wealth is the wealth of an apostate, so it resembles what he acquired during his apostasy, and it is impossible to assign it to his coreligionists because he does not inherit from them, so they do not inherit from him, like other people of [other] religions. Moreover, he differs from them in their rulings; for he is not confirmed in what he converted to, his slaughtered meat is not to be eaten, and his marriage is not lawful if he were a woman, so he resembles the Harbi in relation to the Dhimmi. If it is said: When you deem it fay', you have effectively assigned it as an inheritance to the Muslims. We say: They do not take it as inheritance; rather, they take it as fay', just as the wealth of a Dhimmi is taken if he leaves no heir, and like the tithes (ushur).

Section: The Zindiq (heretic) is like the apostate; he does not inherit nor is he inherited from. Malik said regarding the Zindiq who is suspected of wanting to deprive his heirs of their share at the time of his death: His wealth belongs to his heirs among the Muslims, like the one who apostatizes when death approaches. He said: His wife inherits from him, whether her waiting period (idda) has elapsed or not, like the woman whose husband divorces her during his death-illness to deprive her of inheritance; because he is fleeing from the inheritance of one whose cause of inheritance has been established, so she inherits from him, like the divorcee in the death-illness. Our argument is the saying of the Prophet (peace and blessings of Allah be upon him): "A Muslim does not inherit from a disbeliever." The analogy of the Madhhab is that if one of the spouses apostatizes during his death-illness, the other inherits from him, because he has done something that annuls the marriage during his death-illness, so it is similar to divorce, and the woman doing something that annuls her marriage. It is also deduced regarding the inheritance of other heirs [to be] like [what is the case] for the spouses, so it would be like the school of Malik. Abu Yusuf said: If a woman [in death-illness] apostatizes and dies within her waiting period, or joins the Abode of War (Dar al-Harb), her husband inherits from her. Al-Lu'lu'i narrated from Abu Hanifah: If a man apostatizes and is killed for his apostasy or joins