of his property, and his disposal of it is not valid in any way. If he accepts Islam, it is returned to him as a new ownership. Abu Yusuf said: I only judge by his death on the day they dispute over his property, not on the day he joined the Abode of War. Our argument is that he is a free person with legal capacity, and his ownership remains after his Islam, so it is not judged that his ownership has ceased, just as if he had not apostatized. It is mandatory to return what was taken of his property or what was destroyed, just like anyone else.

Section: Whenever a dhimmi (protected subject) dies and has no heir, his property becomes fay' (spoils of war). Likewise, whatever exceeds what is owed to his heir, such as one who has no heir except one of the spouses, the remainder of his inheritance becomes fay'. This is because it is property for which there is no specified entitled recipient, so it is fay', like the property of a deceased Muslim who has no heir.

Section: Regarding the inheritance of the Magians (Zoroastrians) and those who follow their path, such as those who marry their close kin, if they accept Islam and refer to us for judgment: We do not know of any disagreement among the scholars of the Muslims that they do not inherit through a marriage of close kin. As for other forms of marriage, every marriage they deemed valid and were allowed to keep after their acceptance of Islam, they inherit through it, whether it was found with the conditions considered in Muslim marriage or not. What they are not allowed to keep after their Islam, they do not inherit through. The Magians and others are the same in this regard. If a disbeliever divorces his wife three times, then remarries her, then they both accept Islam, and one of them dies, they are not allowed to keep that [marriage], and they do not inherit from one another through it. Likewise, if one of them dies before their acceptance of Islam, they do not inherit from one another according to the opinion of everyone. If he married her without witnesses, then one of them dies, the other inherits from him. This is the view of Abu Hanifah and al-Shafi'i, may Allah be pleased with them. Zufar and al-Lu'lu'i said: They do not inherit from one another. If he married her while she was in her waiting period (idda), they inherit from one another, according to the apparent [meaning] of the words of Ahmad, may Allah be pleased with him, for he said: If they both accept Islam and he had married her during the idda, they are allowed to keep it. This is the view of Abu Hanifah. The Qadi said: If they accept Islam after the expiration of the idda, they are allowed to keep it, and if they accept Islam before it, they are not allowed to keep it. According to this, if one of them dies before the expiration of the idda, they do not inherit from one another, and if one dies after it, they inherit from one another. This is the view of al-Shafi'i, may Allah be pleased with him. The Qadi interpreted the narration of Ahmad as referring to one who accepts Islam after the expiration of the idda. If he married her while she was pregnant from a husband or from adultery, the ruling is the same as the previous case, because adultery necessitates an idda. This is the view of al-Shafi'i, may Allah be pleased with him, regarding the one pregnant from a husband. Abu Hanifah and his companions said regarding the one pregnant from a husband: They do not inherit from one another. Abu Hanifah and al-Shafi'i said regarding the one pregnant from adultery: They inherit from one another. Abu Yusuf, Zufar, and al-Lu'lu'i said: They do not inherit from one another. The root of the disagreement regarding inheritance is the difference over what they are allowed to keep if they accept Islam or refer to us for judgment, and we will mention that in its proper place, if Allah Almighty wills.