4355 - Al-Hasan ibn 'Ali narrated to us, al-Himmani — meaning 'Abd al-Hamid ibn 'Abd al-Rahman — narrated to us, from Talhah ibn Yahya and Burayd ibn 'Abd Allah ibn Abi Burdah, from Abu Burdah, from Abu Musa, who said: Mu'adh came to me while I was in Yemen, and there was a man who had been a Jew, then embraced Islam, then apostatized from Islam. When Mu'adh arrived, he said: "I will not dismount from my riding beast until he is killed." So he was killed. One of them (the two narrators) said: "And he had been given the opportunity to repent before that."(1)

4356 - Muhammad ibn al-'Ala' narrated to us, Hafs narrated to us, al-Shaybani narrated to us, from Abu Burdah, with this same story. He said: —

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And al-Hafiz said in "al-Fath" 12/275, after mentioning the narration of al-Mas'udi from al-Qasim that follows as number (4357), in which it is stated that Mu'adh ibn Jabal did not dismount from his riding beast until the apostate's neck was struck and that he did not give him the opportunity to repent, al-Hafiz said: "This is contradicted by the narration that affirms (the opportunity to repent); for Mu'adh did give him the opportunity to repent [we say: meaning the narration that follows it], and it is stronger than this one. And the narrations that are silent about it do not contradict it. And even if one were to give preponderance to the narration of al-Mas'udi, there is no argument in it for those who say the apostate is killed without being given the opportunity to repent; because Mu'adh would have sufficed with what had already taken place of Abu Musa's giving him the opportunity to repent. And I have mentioned recently that Mu'adh narrated the command to give the opportunity to repent to the male and female apostate [we say: al-Tabarani narrated it in "al-Kabir" 20/(93), and in "Musnad al-Shamiyyin" (3586), and al-Hafiz declared it good (hasan) in "al-Fath" 12/272, even though in its chain there is al-Fazzari — who is Muhammad ibn 'Ubayd Allah al-'Arzami — and he is abandoned in hadith!!]."

We say: But there remains the consensus (ijma') of the Companions, for Shaykh al-Islam Ibn Taymiyyah said in "al-Sarim al-Maslul" p. 330: "And the foundation in this matter is the consensus of the Companions..." Then he cited the reports transmitted from the Companions concerning that.

(1) Its chain is good (hasan) on account of 'Abd al-Hamid ibn 'Abd al-Rahman al-Himmani and Talhah ibn Yahya — who is the son of Talhah ibn 'Ubayd Allah al-Taymi — for both are truthful (saduq) with good hadith. And al-Hafiz said in "al-Fath" 12/275: "This narration is stronger than the narration of al-Mas'udi from al-Qasim." We say: meaning the narration that follows as number (4357).

And al-Bayhaqi recorded it in 8/206 via the path of Abu Dawud, with this chain.

And see what precedes it, and what follows it.