The people of Iraq said: If both spouses apostatize together, they remain in the marriage because their religion has not differed, so they resemble two original disbelievers, except that they do not inherit from one another in the Abode of Islam (Dar al-Islam), because the apostate does not inherit from an apostate as long as they are in the Abode of Islam. If they flee to the Abode of War (Dar al-Harb), they inherit from one another because their status becomes like the status of the people of the Abode of War. Our position is that they do not inherit from one another in the Abode of War, just like a Muslim with a disbeliever.

1046. Issue: He said: "Likewise, whoever embraces Islam while there is an inheritance before it is divided, it is divided for him."

There is a difference of opinion regarding whoever embraces Islam before the division of the inheritance of his Muslim relative. Al-Athram and Muhammad ibn al-Hakam transmitted that he does inherit. Similar to this was narrated from Umar, Uthman, al-Hasan ibn Ali, and Ibn Mas'ud. This was also the view of Jabir ibn Zayd, al-Hasan, Makhul, Qatadah, Humayd, Iyas ibn Mu'awiyah, and Ishaq. According to this, if he embraces Islam before some of the property is divided, he inherits from what remains. Al-Hasan also held this view. Abu Talib transmitted that regarding one who embraces Islam after the death, he said: He does not inherit; the inheritances have already become due to their rightful owners. This is the famous view from Ali (may Allah be pleased with him). It was also the position of Sa'id ibn al-Musayyib, 'Ata', Tawus, al-Zuhri, Sulayman ibn Yasar, al-Nakha'i, al-Hakam, Abu al-Zinad, Abu Hanifah, Malik, al-Shafi'i (may Allah be pleased with them), and the generality of the jurists, due to the saying of the Prophet (may Allah bless him and grant him peace): "A disbeliever does not inherit from a Muslim." Furthermore, ownership has already transferred upon death to the Muslims, so one who embraces Islam afterward does not share with them, just as if they had already divided it. Additionally, the impediment to inheritance was realized at the time of death, so he does not inherit, just as if he were a slave who was then manumitted, or as if he had remained in his disbelief. Our evidence is the saying of the Prophet (may Allah bless him and grant him peace): "Whoever embraces Islam while there is something, it belongs to him." Sa'id narrated it through two chains from 'Urwah and Ibn Abi Mulaykah, from the Prophet (may Allah bless him and grant him peace). Abu Dawud also narrated it with his chain of transmission from Ibn 'Abbas, who said: The Messenger of Allah (may Allah bless him and grant him peace) said: