The first Hadeeth explains the Hukm (ruling) of the Murtadd (apostate), which is to kill, whether the apostate is a man or a woman. That is whilst the second Hadeeth forbids the killing of the women in general.
Consequently, a conflict appears to exist in respect to the Hukm of the female apostate, as the first Hadeeth commands that she be killed whilst the second forbids the killing of woman. So are both of these evidences which appear to be in conflict with each other worked with and utilised?
The answer: The subject area (Mawdoo’) of the two Hadeeth is different as the first relates to the Hukm of the Murtadd (apostate) whilst the second explains the Hukm of the woman who does not fight (in battle) and that Hukm is not to kill. The two evidences are therefore brought together in the case where the first Hadeeth is applied upon the killing of the apostate whether male or female whilst the second is applied upon the non-killing of the woman who does not fight during the war. That is whilst it is not said that the forbiddance from killing women encompasses the woman who changes (i.e. apostatizes) from her Deen and that is because of the difference of the subject area for each of the two evidences. And due to evidences like this which are thought to be contrary to one another or conflicting the scholars of Usool placed down the Qaa’idah (principle): “Working with the two evidences – and even if from one aspect – is Awlaa (better or more appropriate) than neglecting or abandoning one of them”.
Another example for the application of the principle:
Qais Bin Al-Haarith said: I became Muslim and I had 8 women (wives). So I went to the Nabi (saw) and mentioned that to him. So he said: “Choose four from among them” (Abu Dawud).
That is whilst it has been authenticated that the Messenger of Allah (saw) had been married to nine women at one single time as recorded by Al-Bukhaari.
The two Hadeeth appear to be contrary to one another and in conflict as the Messenger (saw) had nine wives at the same time whilst he commanded other than him to choose four wives alone. The ‘Jam’u’ (bringing together) of the two evidences is as follows: The first Hadeeth is an address to the Muslims whilst the second Hadeeth is an address to the Messenger (saw).