The sounder of the two, according to the majority, is that the property must be restored to its rightful owners. They cite the report of al-ʿAḍbāʾ, the Messenger of Allah’s camel—may Allah bless him and grant him peace—whom he reclaimed after the idolaters had taken her. On the strength of this and similar narrations they argued against Abū Ḥanīfah.
Some scholars, however, maintained that if the unbelievers seize Muslim property and thereafter embrace Islam while the goods are still in their hands, ownership becomes established for them. Their proof is the statement—may Allah have mercy on them—“Has ʿAqīl left us any houses?” (1) ʿAqīl had taken possession of the dwellings of Muslims who had emigrated, and when he later accepted Islam the property remained with him. If, on the other hand, the property is taken back from the unbelievers before their conversion, it must be returned to its owners, based once more on the ḥadith of al-ʿAḍbāʾ.
Accordingly, al-Ẓāhir convened a council that brought together judges from all the legal schools. They debated the matter, but the Sultan was resolved to act on the fatwas already in his possession, and the people feared the consequences. At this juncture al-Ṣāḥib Fakhr al-Dīn, son of the vizier Bahāʾ al-Dīn Ibn al-Ḥannā (2)—who had lectured at the Shāfiʿī college after Ibn Bint al-Aʿazz—intervened and said, “My lord, the townspeople will settle the whole affair with you for one million dirhams, payable in yearly instalments of two hundred (3) thousand.” The Sultan refused unless the sum were rendered in full within a few days; he then set out for the Egyptian provinces. Later, however, he (4) agreed to the instalment plan, and the welcome news arrived—[it was read aloud from the pulpit and the people rejoiced]. He decreed that four hundred thousand dirhams be paid immediately and that the grain revenues and fruit that had been sequestered during the distribution be returned (5) to their owners. This episode had greatly unsettled public sentiment toward the Sultan.
Once Abaqa had firmly secured his authority over the Tatars, he confirmed his vizier Naṣīr al-Dīn al-Ṭūsī (6) in office and appointed the Parwanah over the lands of Rūm (7). The Parwanah’s standing with him rose dramatically; he assumed independent control of those territories and his prestige there grew immensely (8).
In the same year the ruler of Yemen wrote to al-Ẓāhir, declaring submission, professing allegiance, and promising that the Friday sermon would be delivered in the Sultan’s name throughout Yemen. He dispatched numerous gifts and presents, and the Sultan responded with gifts of his own, robes of honour, a banner, and an official diploma of investiture.