nor in the cemeteries of the polytheists, because of the sanctity of Islam that had previously applied to him. Nevertheless, he is to be buried. His property becomes fayʾ and is placed in the Muslim treasury, to be spent on those entitled to fayʾ revenues. No Muslim or non-Muslim heir inherits from him.

If the apostate joins the Abode of War, his property in the Abode of Islam is held in reserve for him. If he returns to Islam, it is restored to him; but if he dies in apostasy, it becomes fayʾ. If they establish themselves in a territory separate from the Muslims and become entrenched there, such as the territory of the Qarmatian, it is obligatory to fight them on account of their apostasy after debating them concerning Islam and calling them to repent. They are to be fought like people of war, both when advancing and when retreating. Whoever among them is captured is to be put to death in captivity if he does not repent. Their men may not be enslaved, but their property is taken as booty, and their offspring born after the apostasy may be taken captive.

Aḥmad said, according to the narration of Abū Ṭālib, concerning the Khurramiyya who had a share in a village and went out to fight the Muslims: “Are they Muslims? Their land is fayʾ for the Muslims. If someone fights over it until he captures it, one-fifth is taken and divided into five shares, while four-fifths go to those who conquered it—just as ʿUmar dealt with al-Sawād when he conquered it, for he made it an endowment for the Muslims.”

He said, according to the narration of al-Faḍl, concerning a man who apostatized in the land of the Turks, married among them, and had children: “They are to be brought back to Islam, except that they will be slaves of the Muslims.” According to the narration of Aḥmad ibn Saʿīd, he said concerning al-Muḥammara of the Khurramiyya: “When they revolt, even the children of the apostates are taken captive.”

The basis for taking their children, dependents, and property as booty is that this is a territory in which the rulings governing people of war apply, making it a land of war. The precedent is the case of people of war whose disbelief is original. The basis for enslaving a child born after the apostasy is that he is a disbeliever born to two disbelievers, and therefore may be enslaved like all other children of people of war.

Any children or persons whom they killed while entrenched in that territory, they are held liable for. In the narration of Ibn Manṣūr, he said concerning an apostate in the land of war who killed, committed fornication, or stole: “I would prefer that the fixed legal penalty for whatever he committed there be carried out upon him.” Likewise, according to the narration of Mihnā, he said concerning an apostate who committed highway robbery and then joined the land of war: “If the Muslims capture him, the fixed legal penalty is carried out upon him and legal retribution is exacted from him.”