entitled to it by inheritance, so there is no ruling for his possession. Abu al-Khattab said: It is possible that the matter remains pending until his original religion is known, or they reach a settlement. This is the opinion of al-Shafi'i. Our evidence is what we mentioned regarding the proof of his unbelief; upon that, it becomes necessary to favor his statement and grant the inheritance to him. As for the manifestation of the ruling of Islam in praying over him, it is because there is no harm to anyone in the prayer, and likewise in washing and burying him. As for his statement: "Islam is superior and none is superior to it," it is only superior if it is established, and the dispute concerns its establishment. This is in cases where [his original religion] is not established. However, if his original religion is established, then the statement is the statement of the one who denies it, supported by an oath. This is the opinion of al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. Abu Hanifa said: The statement is the statement of the Muslim in all cases, for what we mentioned previously. Our position is that the original principle is the continuation of what was, so the statement is that of the one who claims it, as in all other matters. If the Muslim does not acknowledge the brotherhood of the unbeliever, and each of them claims that the deceased is his father to the exclusion of the other, they are equal in the claim due to the equality of their possession and their claims; for the Muslim and the unbeliever are equal in the claim, and his inheritance is divided into two halves, just as if two people had a house in their possession and each of them claimed it without having evidence. It is also possible that the statement of the Muslim is given priority for what we have mentioned. And Allah knows best.

1940 - Issue: He said: (And if the Muslim provides evidence that he died a Muslim, and the unbeliever provides evidence that he died an unbeliever, both pieces of evidence are discarded, and they are like those who have no evidence. And if two witnesses say: We know he was an unbeliever, and two witnesses say: We know he was a Muslim, the inheritance goes to the Muslim; because Islam occurs after unbelief if the witnesses do not date their knowledge.)

The sum of this is that if the deceased leaves behind two sons, a Muslim and an unbeliever, and the Muslim claims that he died a Muslim and provides [evidence for that, and the] unbeliever provides evidence from the Muslims that he died an unbeliever, and...