It differs from the case where the upright person kills him, because he killed him with right. A group said: If the upright person intentionally kills his relative, and he kills him from the beginning, he does not inherit from him. But if he intended to strike him, so that he would cease to be defiant, and he wounded him, and he died from that strike, he inherits from him, because he killed him with right. This is the statement of Ibn al-Mundhir, who said: It is the closest of the opinions.

1536 - Issue: He said: (And whatever they took during their time of defiance—whether Zakat or Kharaj—shall not be required of them again).

In summary, if the rebels gain control over a land and collect the Kharaj, Zakat, and Jizya, and uphold the prescribed punishments (1), that is considered valid. When the people of justice later gain control over the land and prevail over the rebels, they are not asked for anything of what they collected, and it is not reclaimed from the one who paid it. Something similar was narrated from Ibn Umar and Salamah ibn al-Akwa. This is the opinion of al-Shafi'i, Abu Thawr, and the People of Reason (Ashab al-Ra'y). It is the same whether they were Khawarij or others. Abu Ubayd (2) said: Whoever they took Zakat from must pay it again, even if he took it from one whose authority is not valid, thus it resembles the case if individuals among the subjects had taken it. Our position is that when Ali, may Allah be pleased with him, prevailed over the people of Basra, he did not demand anything from them that they had collected. And Ibn Umar, when the collector of Najdah al-Haruri came to him, would give him his Zakat (5). Likewise did Salamah ibn al-Akwa (5). And because in not counting it as valid, there is great harm and much hardship, for they may control the lands for many years, so if what they took was not counted, it would lead to paying the alms twice (6) for that entire period. Once this is established, if the owners of the alms state that they had already taken their alms, their word is accepted without an oath. Ahmad said: People are not to be made to swear oaths regarding their alms. If the people claim...