What is the legal status of the actions of an apostate concerning transactions like sale, gift, manumission, Tadbir, and bequest?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
The actions of an apostate regarding transactions such as selling, gifting, freeing slaves (Itq), making conditional manumission (Tadbir), or making a will are suspended (Mawquf). If the apostate subsequently embraces Islam, their prior actions are confirmed as valid. However, if the apostate dies or is killed while adhering to apostasy, those actions are nullified. This is the position held by Abu Hanifa. The justification is that the ownership right of the apostate still retains attachment to the rights of others, meaning their disposition is suspended, analogous to the disposition of a terminally ill person.
Supporting text
According to Abu Bakr, the transactions of an apostate are entirely void because their ownership has ceased due to apostasy. This view is also one of the opinions held by Al-Shafi'i. Al-Shafi'i held another view: if the apostate acted before being placed under legal restriction (Hajr), the ruling follows the three established opinions (suspended, valid upon return, or void). If the action occurred after the restriction (Hajr) was imposed, the disposition is invalid, similar to that of a mentally incompetent person (Safiih).