“He is not to be executed until he has been asked to repent three times in each case.”
His statement, “He is not to be executed until he has been asked to repent three times in each case,” means that one who denies that prayer is obligatory, or abandons it out of heedlessness and laziness, is not to be executed until he has been asked to repent. That is, the ruler or his deputy is to ask him to repent over three days, saying to him: “Repent to Allah and pray, or we will execute you.”
The scholars differ over this issue. There are two narrations from Imam Ahmad (1) concerning whether every apostate is to be asked to repent or not. The relied-upon position in the school is that apostates fall into two categories (2):
One category consists of those whose repentance is not accepted. Such people are not asked to repent, since there is no benefit in doing so. They include one who insults Allah or His Messenger, or one whose apostasy is repeated. Such a person is executed even if he repents. The correct view, however, is that their repentance is accepted, due to the general evidence indicating that Allah Most High accepts repentance from every sin—indeed, this applies specifically to those who mock Allah, His verses, and His Messenger. Allah Most High says:
“Say, ‘O My servants who have transgressed against themselves, do not despair of the mercy of Allah. Indeed, Allah forgives all sins. Indeed, He is the All-Forgiving, the Most Merciful.’” [al-Zumar]
And He says concerning those who mock:
“Make no excuses: you have disbelieved after your faith. If We pardon one group among you, We will punish another group.” [al-Tawbah: 66]
However, whoever insults the Messenger of Allah, peace and blessings be upon him, must be executed even if he repents, because this is a human right, and retribution for him, peace and blessings be upon him, must be taken.
The second category of apostates consists of those whose repentance is accepted. Regarding whether they are to be asked to repent, there are two narrations (3):