Is it obligatory to demand repentance (Istitaabah) from an apostate three times before execution?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
It is obligatory to demand repentance from an apostate three times before executing him. This is the position held by the majority of scholars, including Umar, Ali, 'Ata, Al-Nakha'i, Malik, Al-Thawri, Al-Awza'i, Ishaq, and the proponents of *Ahl al-Ra'y* (the companions of Abu Hanifa). This is also one opinion of Al-Shafi'i. Evidence includes the report concerning 'Umar, who, upon learning that an apostate was executed immediately without detention and repentance solicitation, stated, "Why did you not detain him for three days, feed him a loaf of bread every day, and demand his repentance so that he might repent or return to the command of Allah?" This implies obligation, for if demanding repentance were not obligatory, 'Umar would not have implicitly absolved the executioners of fault by their actions. Furthermore, since reconciliation (repentance) is possible, his destruction before reconciliation is not permissible, similar to impure clothing. The command to kill is understood to be subsequent to seeking repentance.
Supporting text
A second view held by 'Ubayd ibn 'Umayr and Tawus, and narrated from Al-Hasan, is that demanding repentance is recommended (*mustahabb*) but not obligatory, based on the Prophet's saying, "Whoever changes his religion, kill him," without mention of seeking repentance. 'Ata held that if the apostate was a native Muslim who converted and then apostatized, he is solicited for repentance; otherwise, if he was an original Muslim, he is not solicited.