and the sister receives one half, while the son’s daughter receives nothing. This is incorrect. Abu Musa al-Ashari, may Allah be pleased with him—a Companion of the Messenger of Allah ﷺ, concerning whom the Messenger of Allah ﷺ said, “You have been given one of the flutes of the family of David” (1)—could make an error in a matter of inheritance! Yet, by Allah’s enabling grace, he said to the questioner: “Go to Ibn Masud; he will agree with me on this.” The man went to Ibn Masud, asked him, and informed him of Abu Musa’s legal verdict. Ibn Masud said to him: “Then I would have gone astray and would not be among the rightly guided”—meaning, if he were to agree with him—“I shall judge in this matter according to the ruling of the Messenger of Allah ﷺ: the daughter receives one half, the son’s daughter receives one sixth to complete two thirds, and what remains goes to the sister” (2).
The conditions for apostasy are five: attaining maturity, soundness of mind, free choice, intention, and knowledge of one’s state and of the religious ruling. If any one of these is absent, apostasy is not established.
But what is the original state of a person: disbelief or Islam?
The answer is that if both of his parents are Muslims, or even one of them is Muslim, then he is a Muslim. If he chooses other than Islam, he is an apostate. Thus, the child of a Jewish woman and a Muslim man is a Muslim, while the child of a disbelieving man and a disbelieving woman is legally deemed a disbeliever. If such a child grows up upon disbelief, we do not rule that he is an apostate; otherwise, we would put the children of the disbelievers to death, saying: “You are apostates.”
His statement, “a man or a woman”: the author indicated the detailed discussion here by saying, “a man or a woman,” even though the general wording of “whoever” makes this unnecessary, because