What is the legal status of a sale transaction conducted by an apostate (Murtadd)?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 1 · Bab 1

Open in Qurani

Primary text

If an apostate purchases a share of property, his disposition (sale) is suspended (Mawquf). If he dies while apostate, the purchase is void, and no right of preemption (Shuf'ah) exists. If he converts back to Islam, the validity of the purchase is established, and the right of preemption is confirmed. This ruling is supported by the general implication of the text regarding suspended transactions.

Supporting text

Abu Bakr held that the transaction is invalid in both scenarios (apostasy or return to Islam). He argued that ownership is forfeited upon apostasy, and if Islam returns, ownership is established anew, meaning the original transaction remains void.