The first narration is that they are not to be asked to repent; rather, they are executed, because the relevant texts are general, and the Prophet, peace and blessings be upon him, said: “Whoever changes his religion, execute him.” (1) He did not say, “Ask him to repent.”
The second narration is that they are to be asked to repent for three days. They cited a report from Umar, may Allah be pleased with him: a man who had apostatized and was then executed was mentioned to him, so he said to them: “Why did you not detain him for three days, feed him a loaf of bread each day, and ask him to repent, perhaps he might repent and return to the command of Allah? O Allah, I was not present, I did not command it, and I was not pleased when news of it reached me.” (2)
There is a third view: that this is left to the ruler’s discretionary judgement. (3) This does not conflict with what Umar said, nor does it contradict the evidence. This view is the correct one.
(1) Narrated by al-Bukhari, Book of the Repentance of Apostates, chapter: “The Sin of Associating Partners with Allah,” no. 6922, on the authority of Ibn Abbas.
(2) Narrated by Malik, Book of Judicial Rulings, chapter: “Judgment concerning One Who Apostatizes from Islam,” no. 2152; by Abd al-Razzaq, no. 18695; and by al-Bayhaqi (8/206), through Abd al-Rahman ibn Muhammad ibn Abd Allah ibn Abd al-Qari, from his father, with the same report.
Muhammad ibn Abd Allah ibn Abd al-Qari was mentioned by Ibn Hibban in al-Thiqat (7/384), and no one besides him declared him trustworthy.
Al-Shafii said: “Among those who held that he should not be granted respite are those who claim that the hadith narrated from Umar is not established, because they do not know it through a connected chain; and, even if it is established, Umar did not impose anything upon one who killed him before three [days].” Al-Marifah wa al-Athar (12/258).
(3) See Fath al-Bari (12/269, 272).