What happens to the property and preemption right of a Muslim partner who apostatizes and is killed for apostasy or dies as an apostate?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the Muslim partner who was claiming preemption apostatizes and is killed for apostasy or dies in that state, his property transfers to the Muslims (Bait al-Mal). If he had already claimed preemption, that right also transfers to the Muslims, and the Imam or his deputy shall review the matter. If he was killed or died before claiming preemption, his right to preemption is nullified, similar to the case where he dies maintaining his Islam.

Supporting text

If the Muslim partner dies without leaving heirs except the public treasury (Bait al-Mal), his share transfers to the Muslims only if he died after demanding preemption; otherwise, it does not transfer.