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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 12 · Page 293

Translation · EN

and between him and Allah the Exalted; because he spoke the word of disbelief, so he resembled one who does so voluntarily. Our position is the words of Allah the Exalted: "Except for one who is forced, while his heart is secure in faith. But those who [willingly] open their breasts to disbelief, upon them is wrath from Allah" (22). It is narrated that 'Ammar was seized by the polytheists and they beat him until he spoke what they demanded of him; he then came to the Prophet (peace and blessings of Allah be upon him) weeping, and informed him of it. The Prophet (peace and blessings of Allah be upon him) said to him: "If they return, then you return" (23). It is narrated that the disbelievers used to torment the weak among the believers, and there was none among them who did not answer them, except for Bilal (24), for he would say: "One, One" (25). And the Prophet (peace and blessings of Allah be upon him) said: "My nation has been excused for mistakes, forgetfulness, and what they have been coerced into" (26). Furthermore, it is a statement he was coerced into without right, so its legal status is not established, just as in the case of one coerced into making a confession. It differs from when one is coerced for a just cause, for there one is given a choice between two things, both of which are binding upon him; whichever one he chooses, its ruling is established regarding him. Therefore, when it is established that he did not commit disbelief, then whenever the coercion is removed from him, he is commanded to manifest his Islam; if he manifests it, he remains upon his Islam. If he manifests disbelief, it is judged that he committed disbelief from the moment he uttered it, because we have thereby clarified that he was one whose heart was expanded to disbelief from the moment he uttered it, choosing it. If evidence is established against him that he uttered the word of disbelief while he was imprisoned by the disbelievers, or in shackles (27) among them in a state of fear, his apostasy is not judged, because that is indicative of coercion. And if the testimony confirms that he was secure at the time of his utterance, his apostasy is judged. If his heirs claim his return to Islam, it is not accepted except with evidence, because the base state is his remaining upon his previous condition. If the evidence testifies against him for eating pork, his apostasy is not judged, for he may eat it while believing in its prohibition, just as one who drinks wine while believing in its prohibition. If some of his heirs say: "He ate it while deeming it lawful," or he himself confesses to his apostasy, he is debarred from inheritance because he is a confessor that he is not entitled to it, and his share of the inheritance is paid to the claimant of his Islam;

Notes

(22) Surah an-Nahl 16:106. (23) Its extraction was mentioned previously in 10/352. (24) In M: "Bilal". (25) Extracted by al-Bayhaqi in: The Chapter on the one coerced into apostasy, from the Book of the Apostate. Al-Sunan al-Kubra 8/209. And see: Al-Sirah al-Nabawiyyah 1/317, 318. (26) Its extraction was mentioned previously in 1/146. (27) In B: "muqayydan" (in shackles). In M: "wa muqayydan" (and in shackles).

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