The Fourth Chapter: That if he does not repent, he is to be killed, due to what we have previously mentioned. This is the view of the generality of the jurists. He is to be killed with a sword, because it is the instrument of killing, and he is not to be burned with fire. It has been narrated from Abu Bakr al-Siddiq, may Allah be pleased with him, that he ordered the burning of the apostates (19), and Khalid did that to them. The first [view] is more appropriate, due to the saying of the Prophet, peace and blessings of Allah be upon him: "Whoever changes his religion, kill him, and do not punish with the punishment of Allah," meaning fire. Recorded by al-Bukhari and Abu Dawud. The Prophet, peace and blessings of Allah be upon him, said: "Indeed, Allah has ordained excellence in all things, so if you kill, kill well" (20).
The Fifth Chapter: That the implication of the words of al-Khiraqi is that if he repents, his repentance is accepted and he is not killed, regardless of what [form of] disbelief it was, and whether he was a zindiq (heretic) who hides his disbelief or otherwise. This is the school of al-Shafi'i and al-'Anbari. It is narrated from 'Ali and Ibn Mas'ud, and it is one of the two narrations from Ahmad and the choice of Abu Bakr al-Khallal, who said: "It is more appropriate according to the school of Abu 'Abd Allah." The other narration is that the repentance of the zindiq is not accepted, nor is that of one whose apostasy has been repeated. This is the view of Malik, al-Layth, and Ishaq. From Abu Hanifah, there are two narrations similar to these. Abu Bakr chose that the repentance of the zindiq is not accepted, due to the saying of Allah the Almighty: {Except for those who repent, correct themselves, and make clear} (21). The zindiq, no sign becomes apparent from him that clarifies (22) his return and repentance, because he was manifesting Islam while hiding disbelief; so when he is apprehended for that and then manifests repentance, he has not exceeded what he was before it, which is the manifestation of Islam. As for the one whose apostasy has been repeated, Allah the Almighty said: {Indeed, those who have believed then disbelieved, then believed, then disbelieved, and then increased in disbelief - never will Allah forgive them, nor will He guide them to a way} (23). Al-Athram narrated with his chain of transmission from Zibyan (24) ibn
(19) Recorded by al-Bayhaqi, in: The Chapter on Not Initiating the Khawarij with Fighting..., from the Book of Fighting the Rebels, al-Sunan al-Kubra 8/178; and 'Abd al-Razzaq, in: The Chapter on Killing with Fire, from the Book of Jihad, al-Musannaf 5/212. (20) Its documentation was previously mentioned in 11/516. (21) Surah al-Baqarah 160. (22) In the original manuscript: "that clarifies by it". (23) Surah al-Nisa' 137. (24) See the disagreement regarding the fathah (z) and kasrah (z) of the letter 'Za' between Ibn Makula and al-Dhahabi in: al-Ikmal 5/246, 247 and al-Mushtabih 424, 425.
