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Accepting the gift of an apostate

Question

Please I had a sheik saying he doesn't think it is permissible for a Muslim to accept gift (money) from an apostate. He said it is like he's selling his Islam. And He added, had it been he is a disbeliever but not an apostate then gift can be accepted from him. So is that the case?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

The scholars held different opinions regarding the gift of an apostate. Some said that it is prohibited, some said that it should be suspended until his apostasy is verified, and other scholars said that it is permissible.

Al-Qurtubi  may  Allaah  have  mercy  upon  him said in his book Al-Bayaan wat-Tahseel: "Apostasy entails limiting the apostate’s legal capacity, denying him the right to freely dispose of his wealth."

Al-Kharashi  may  Allaah  have  mercy  upon  him said: "Ibn ‘Arafah said: the one who can donate is anyone who is not under Hajr (restriction of legal capacity). Gifts of a young person and a person lacking discretion (Safeeh), on the other hand, are not valid; the same applies to the apostate..” [Sharh Al-Mukhtasar]

Al-Margheenaani  may  Allaah  have  mercy  upon  him said: "All transactions conducted by an apostate are suspended: sales, manumissions, gifts, securities, and any form of disposal of his wealth are all suspended in case of apostasy. If he returns to Islam, then the contracts he has concluded are deemed valid. If he dies before returning to Islam or is killed or joins the disbelievers at war with Muslims, then all the contracts he concluded are deemed invalid … This is the opinion of Abu Haneefah. Abu Yoosuf and Muhammad maintained that his actions in either cases are permissible." [Al-Hidaayah]

Based on the opinion that it is prohibited for an apostate to give gifts and that his gift is invalid, then it is impermissible to accept it.

As for the question of whether apostasy entails limiting the apostate's legal capacity, denying him the right to free disposal of his wealth regardless of whether or not a judge has made a ruling on that, Az-Zarkashi  may  Allaah  have  mercy  upon  him said: "Should limiting the apostate's legal capacity be based on a ruling issued by the Muslim ruler, or should it become effective as soon as he apostatizes (even without an official verdict)? Abu Haamid cited both opinions in Al-Jaami‘." [Al-Manthoor]

For more benefit, please refer to Fatwa 85450.

Allaah Knows best.

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