permissible for us to take it from him. If he embraced Islam while possessing it, his ownership would be lawful, and he would not be obliged to relinquish any of it. This applies when he sold the wine to a protected non-Muslim subject for that dinar. If, however, he sold it to a Muslim, the matter is more serious, for Sahnūn holds that he must give the proceeds in charity to the poor, even if he has already received them, contrary to Ibn al-Qāsim. According to Sahnūn’s position, therefore, one may not sell him anything for that dinar while knowing that it is the price of wine he sold to a Muslim, except on the basis of a weak interpretation: that this particular dinar is not earmarked for the poor, according to the view that cash is not legally tied to the particular coins specified.
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Our scholars differed concerning someone who sold wine and pigs to a Christian but embraced Islam before collecting the payment: may he collect it after embracing Islam? There are two positions. (The first) is that he may not collect it, by analogy with usurious gains owed to him but not yet collected. This is the position of Ibn Dīnār and Ibn Abī Hāzim. (The second) is that he may collect it after embracing Islam. This is the position of Ashhab, al-Mughīra and al-Makhzūmī, and it is the position held by most of our scholars.
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There are five cases here:
(The first) is that he advances another person one dinar in return for two dinars; (the second) is that he advances him a dinar in return for dirhams, or dirhams in return for a dinar; (the third) is that he sells him wine for dinars or dirhams; (the fourth) is that he advances him dinars in return for wine or a pig; and (the fifth) is that he lends him wine or pigs. In each case, both parties, or one of them, then embrace Islam.
As for the first case, in which he advances him one dinar in return for two, if both embrace Islam, or the person who advanced the dinar embraces Islam, the Muslim is entitled only to the dinar he paid, because Allah Most High says:
“But if you repent, you may have your principal, neither wronging nor being wronged.” [al-Baqara: 279]
If, however, it is the recipient of the advance who embraces Islam, Mālik said in al-Mudawwana: “I do not know. I fear that if I rule that he must return the dinar, I may wrong the protected non-Muslim subject.” In Ibn al-Mawwāz’s book, he is reported as holding