repentance is mandatory, but rather it is recommended. This is the second opinion of al-Shafi'i, and it is the opinion of 'Ubayd ibn 'Umayr and Tawus. It is also narrated from al-Hasan, based on the saying of the Prophet (may Allah bless him and grant him peace): "Whoever changes his religion, kill him," without mentioning his repentance. It is narrated that Mu'adh arrived to Abu Musa and found a man with him who was bound. He said: "What is this?" He replied: "A man who was a Jew and embraced Islam, then returned to his evil religion and became a Jew again." He said: "I will not sit down until he is killed, for that is the decree of Allah and His Messenger." He said: "Sit down (13)." He said: "I will not sit down until he is killed, for that is the decree of Allah and His Messenger." [He repeated this] three times, so he ordered that he be killed. This is agreed upon (14). He did not mention his repentance. [This is also] because he is killed for his disbelief, so his repentance is not mandatory, like the original [unbeliever]; and because if he were killed before repentance, no liability (daman) would be incurred, whereas if it were forbidden to kill him before it (15), liability would be incurred. 'Ata' said: If he was an original Muslim, he is not asked to repent, but if he embraced Islam and then apostatized, he is asked to repent. Our position is the hadith of Umm Marwan, and that (12) the Prophet (may Allah bless him and grant him peace) ordered that she be asked to repent. Malik narrated in "al-Muwatta'" (16) from 'Abd al-Rahman ibn Muhammad ibn 'Abd Allah ibn 'Abd al-Qari, from his father, that a man came to 'Umar from the side of Abu Musa, and 'Umar said to him: "Is there any new news (17)?" He said: "Yes, a man disbelieved after his Islam," and he said:
(12) The conjunction "wa" (and) was omitted from [copies] b and m. (13) In [copy] b, there is an addition of: "Yes." (14) Recorded by al-Bukhari in: The Chapter on the Ruling of the Apostate, from the Book of Requesting Repentance from Apostates, Sahih al-Bukhari 9/19; and Muslim in: The Chapter on the Prohibition of Seeking Authority and Coveting It, from the Book of Leadership, Sahih Muslim 3/1457. It was also recorded by Abu Dawud in: The Chapter on the Ruling Regarding One Who Apostatizes, from the Book of Hudud, Sunan Abi Dawud 2/441; al-Nasa'i in: The Chapter on the Ruling Regarding the Apostate, from the Book of Prohibition, al-Mujtaba 7/97; and Imam Ahmad in: al-Musnad 4/409. (15) Omitted from the original [manuscript] and [copy] b. (16) In: The Chapter on Judgments Regarding One Who Apostatizes from Islam, from the Book of Judicial Procedures, al-Muwatta' 2/737. It was also recorded by 'Abd al-Razzaq in: The Chapter on Disbelief After Faith, from the Book of Found Property, al-Musannaf 10/165; Ibn Abi Shaybah in: The Chapter on the Apostate from Islam, from the Book of Hudud, and in: The Chapter on What They Said Regarding How Many Times an Apostate Is Asked to Repent, from the Book of Jihad, al-Musannaf 10/137, 12/273; and Sa'id ibn Mansur in: The Chapter on What Has Been Said Regarding the Conquests, from the Book of Jihad, al-Sunan 2/226. (17) Meaning: Is there any new information that has come from a far land?
