we would say that their consensus is authoritative. But who can claim that they unanimously agreed upon this? In my view, the matter is not so clear-cut. We therefore remain with the basic principle: “A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim.”

His statement, “then his property is fayʾ,” means that it goes to the public treasury and is spent on matters of public benefit, such as building mosques and schools and assisting the poor. In short, the apostate’s property is spent on the same purposes for which the funds of the public treasury are spent.

The Magians inherit by virtue of two kinship ties if they embrace Islam or submit to our judgment before embracing Islam. The same ruling applies to a Muslim who has intercourse with one of his unmarriageable blood relatives under a mistaken assumption. There is no inheritance based on marriage to an unmarriageable blood relative, nor through a marriage contract that would not be upheld if he were to embrace Islam.

His statement, “The Magians inherit by virtue of two kinship ties if they embrace Islam”: among the vile doctrines of the Magians is that a person may marry his close relatives—Allah forbid—such as his sister, daughter, paternal aunt, or mother. This is among the most vile and reprehensible of doctrines. Thus, if one of them has two kinship ties, he inherits through both of them, because they regard their action as lawful. If they embrace Islam, they inherit through both kinship ties, just as we mentioned regarding grandmothers: a grandmother connected through two lines inherits two-thirds of one-sixth.

His statement, “or submit to our judgment before embracing Islam,” means that if they bring their case before us prior to embracing Islam, we make them inherit according to the two kinship ties. But if they neither embrace Islam nor bring their case before us, then their matter is left to themselves.

His statement, “The same ruling applies to a Muslim who has intercourse with one of his unmarriageable blood relatives under a mistaken assumption”: that is, if a Muslim has intercourse with such a relative due to a mistaken assumption. This mistaken assumption may concern the validity of a marriage contract or may arise from a mistaken belief. Thus, if a man has intercourse with a woman believing her to be his wife, only to discover that she was his sister or daughter, this is a mistaken belief. And if he marries a woman believing that she is not a prohibited relative, but after the marriage and consummation it becomes clear that she is his sister