they embrace Islam.
Regarding the report of al-Hajjāj ibn ‘Ilāt indicating that al-‘Abbās was a Muslim when Khaybar was conquered, Anas ibn Mālik related that al-Hajjāj said to the Prophet ﷺ at the time of the conquest: “I have family and property in Mecca, and I wish to visit them. If you permit me to say what I need to say, I shall do so.” The Messenger of Allah ﷺ gave him permission. He went to Mecca and spread the news that Muhammad’s companions had been wiped out, saying: “I have come to collect my money so that I can purchase some of their spoils.” The polytheists rejoiced, while the Muslims who were there went into hiding.
Al-‘Abbās ibn ‘Abd al-Muttalib sent his servant to al-Hajjāj with this message: “Woe to you! What news have you brought? What Allah and His Messenger have promised is better than what you have brought!” Al-Hajjāj replied: “Convey my greetings to Abū al-Fadl and tell him to arrange a room where I can speak to him alone, for the news will please him.” When the servant brought him this message, al-‘Abbās rose to meet him and kissed him between the eyes!
Al-Hajjāj ibn ‘Ilāt then came to him and spoke privately with him in one of his rooms. He told him that Allah had granted the Messenger of Allah ﷺ the conquest of Khaybar, that the Muslims had received their allotted shares of its spoils, and that the Messenger of Allah ﷺ had chosen Safiyya for himself. He also told him that the Messenger of Allah ﷺ had permitted him to say whatever he wished in order to recover his property. He asked al-‘Abbās to keep this secret for three days, until he had departed, and he did so. When al-‘Abbās disclosed the news after al-Hajjāj’s departure, the Muslims rejoiced, and the sorrow they had felt fell instead upon the polytheists. Praise be to Allah, Lord of all worlds. I have related the meaning of the hadith and considerably abridged it because of its length. Success comes through Allah alone.
Al-Tahāwī cited as evidence for permitting usurious dealings with the inhabitants of enemy territory while in that territory the Prophet’s ﷺ statement: “Any house divided in the pre-Islamic era shall remain as it was divided in that era”—and the remainder of the hadith.
The scholars differed only concerning someone who embraces Islam while still owed payment for wine or a pig, which he has not yet collected. Ashhab and al-Makhzūmī said: “It is lawful for him to receive it, just as though he had already collected it.” Ibn Dīnār and Ibn Abī Hāzim said: “The debtor’s obligation to pay is cancelled, as with usury.” Most of our school’s scholars hold the view of Ashhab and al-Makhzūmī.