the Abode of War, his wife is separated from him. If the marriage had been consummated, she inherits from him if this occurred before the expiration of her waiting period (idda); if it had not been consummated, she is separated [from him] and does not inherit from him. If a woman apostatizes without being in [a state of] death-illness and dies, her husband does not inherit from her, because according to them, she is not to be killed, so she was not fleeing from his inheritance, contrary to the man.

Section: The apostasy of both spouses together is like the apostasy of one of them regarding the annulment of their marriage and the lack of mutual inheritance, whether they joined the Abode of War or remained in the Abode of Islam. Malik and al-Shafi'i held this view. Abu Hanifah said: If they both apostatize together, the marriage is not annulled, and they do not inherit from one another because an apostate does not inherit from an apostate as long as they are in the Abode of Islam; however, if they join the Abode of War, they inherit from one another. Our argument is that they are both apostates, so they do not inherit from one another, just as if they were in the Abode of Islam. If they both apostatize and they have young children, they do not follow them in their apostasy, nor do they inherit anything from them, and it is not permissible to enslave them, whether they joined them in the Abode of War or did not join them. Al-Shafi'i held this view. Abu Hanifah and his companions said: Whoever among them is taken to the Abode of War becomes an apostate and it is permissible to take them as captives, while whoever is not taken to the Abode of War is under the ruling of Islam. As for one who is born six months after the apostasy, al-Khiraqi, may Allah be pleased with him, mentioned what indicates that it is permissible to enslave him. This is the view of Abu Hanifah and one of the two views of al-Shafi'i. The second view is that they are not to be taken as captives. This is what was explicitly stated by al-Shafi'i.

Section: When an apostate joins the Abode of War, his property is withheld; if he accepts Islam, it is returned to him, and if he dies, it becomes fay'. Malik and al-Shafi'i, may Allah be pleased with them, held this view. The people of Iraq considered his joining the Abode of War to be like his death regarding the cessation of his ownership and the distribution of his property to those to whom it is distributed upon his death. If he returns to Islam, he has whatever is found of his property, and he does not reclaim anything from his heirs that they have spent, unless they had divided it without the ruling of a judge. They did not differ regarding what he acquired in the Abode of War, or what he removed of his property to the Abode of War, that it is fay'. Abu Bakr Abd al-Aziz said: If a Muslim apostatizes, his ownership