and to their apportionments once both sides have actually taken possession.
If neither party—or only one of them—has yet received the goods, our judge must rescind the contract, because it is still incomplete and therefore invalid. This holds whether a judge from their own community has already ruled on the matter or not, for his judgment is not binding; it is of no legal effect since the essential condition—Islam— is lacking.
Should they engage in a usurious exchange in our marketplace, they are to be prevented from doing so, for such dealings would debase our currency.
If a dhimmī has practiced usury, or sold wine and swine, and then embraces Islam while the proceeds are still in his possession, he is not required to surrender any of that wealth. It was earned during his unbelief and is therefore treated like a marriage contracted in the state of disbelief when the spouses subsequently become Muslim.
The children of Muslims are in Paradise, for Allah says, “and We shall unite with them their descendants who followed them in faith” (1). The illegitimate children of believers are likewise in Paradise, for they bear no sin and are counted among the progeny of the believers.
The children of the polytheists are in Hell, according to the report (2). Al-Qāḍī Abū