Ikrimah said: A group of people from Iraq said: Ibn Abbas, what is your opinion about the verse in which we have been commanded whatever we have been commanded, but no one acts upon it? The word of Allah, Most High, reads: "O ye who believe! Let those whom your right hands possess, and the (children) among you, who have not come of age, ask your permission (before) they enter your presence on three occasions: before morning prayer, while you are undressing for the noonday heat, and after late-night prayer. These are your three times of undress; outside those times it is not wrong for you or for them to move about."

Al-Qa'nabi recited the verse up to "full of knowledge and wisdom".

Ibn Abbas said: Allah is Most Clement and Most Merciful to the believers. He loves concealment. The people had neither curtains nor curtained canopies in their houses. Sometimes a servant, a child or a female orphan of a man entered while the man was having sexual intercourse with his wife. So Allah commanded them to ask permission in those times of undress. Then Allah brought them curtains and all good things. But I did not see anyone following it after that.

Abu Dawud said: The tradition of 'Ubaid Allah and of 'Ata, weakens this tradition.

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

that he heard Abu Huraira in his narration, mentioning that the Prophet said, "A Muslim brother of yours who does not say dirty words." and by that he meant Ibn Rawaha, "said (in verse): 'We have Allah's Apostle with us who recites the Holy Qur'an in the early morning time. He gave us guidance and light while we were blind and astray, so our hearts are sure that whatever he says, will certainly happen. He does not touch his bed at night, being busy in worshipping Allah while the pagans are sound asleep in their beds.' "

That once Allah's Apostle (p.b.u.h) said, "Your brother, i.e. `Abdullah bin Rawaha does not say obscene (referring to his verses): Amongst us is Allah's Apostle, who recites His Book when it dawns. He showed us the guidance, after we were blind. We believe that whatever he says will come true. And he spends his nights in such a way as his sides do not touch his bed. While the pagans were deeply asleep."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

Yahya related to me from Malik from Ibn Shihab that Zayd ibn Thabit said, "When a man takes his wife to his house and co-habits with her then the bride-price is obliged."

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that 'Umar ibn al-Khattab decided about the woman who was married by a man and the marriage had been consummated, that the bride-price was obligatory.

When the Messenger of Allah (saws) came to some people's door, he did not face it squarely, but faced the right or left corner, and said: Peace be upon you! peace be upon you! That was because there were no curtains on the doors of the house at that time.

(Al-Ahnaf said:) I went out carrying my arms during the nights of the affliction (i.e. the war between `Ali and `Aisha) and Abu Bakra met me and asked, "Where are you going?" I replied, "I intend to help the cousin of Allah's Apostle (i.e.,`Ali)." Abu Bakra said, "Allah's Apostle said, 'If two Muslims take out their swords to fight each other, then both of them will be from amongst the people of the Hell- Fire.' It was said to the Prophet, 'It is alright for the killer but what about the killed one?' He replied, 'The killed one had the intention to kill his opponent.'" (See Hadith No. 30, Vol. 1)

Narrated Al-Ahnaf:

Abu Bakra said: The Prophet said (as above, 204).

That a woman was found killed in one of the expeditions of the Messenger of Allah (saws), so the Messenger of Allah (saws) rebuked that, and he prohibited killing women and children.

There are narrations on this topic from Buraidah and Rabah - and they say he was Riyah - bin Ar-Rabi', Al-Aswad bin Sari', Ibn 'Abbas, and As-Sa'b bin Jaththamah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They disliked killing women and children. This is the view of Sufyan Ath-Thawri and Ash-Shafi'i.

Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Ahmad and Ishaq, they permitted it in night attacks.

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab killed five or seven people for one man whom they had killed secretly by trickery. Umar said, "Had all the people of Sana joined forces against him, I would have killed them all."

The Prophet (saws) said: The most merciful of the people in respect of killing are believers (in Allah).

Khaybar was divided among the people of al-Hudaybiyyah. The Messenger of Allah (saws) divided it into eighteen portions. The army contained one thousand and five hundred people. There were three hundred horsemen among them. He gave double share to the horsemen, and a single to the footmen.

The Prophet (saws) said: He who is killed while protecting his property is a martyr, and he who is killed while defending his family, or his blood, or his religion is a martyr.

The Messenger of Allah (saws) came to visit Abdullah ibn Thabit who was ill. He found that he was dominated (by the divine decree). The Messenger of Allah (saws) called him loudly, but he did not respond.

He uttered the Qur'anic verse "We belong to Allah and to Him do we return" and he said: We have been dominated against you, AburRabi'. Then the women cried and wept, and Ibn Atik began to silence them. The Messenger of Allah (saws) said: Leave them, when the divine decree is made, no woman should weep.

They (the people) asked: What is necessary happening, Messenger of Allah? He replied: Death. His daughter said: I hope you will be a martyr, for you have completed your preparations for jihad. The Messenger of Allah (saws) said: Allah Most High gave him a reward according to his intentions. What do you consider martyrdom?

They said: Being killed in the cause of Allah.

The Messenger of Allah (saws) said: There are seven types of martyrdom in addition to being killed in Allah's cause: one who dies of plague is a martyr; one who is drowned is a martyr; one who dies of pleurisy is a martyr; one who dies of an internal complaint is a martyr; one who is burnt to death is a martyr; who one is killed by a building falling on him is a martyr; and a woman who dies while pregnant is a martyr.

While I was standing in the row on the day (of the battle) of Badr, I looked to my right and my left and saw two young Ansari boys, and I wished I had been stronger than they. One of them called my attention saying, "O Uncle! Do you know Abu Jahl?" I said, "Yes, What do you want from him, O my nephew?" He said, "I have been informed that he abuses Allah's Apostle. By Him in Whose Hands my life is, if I should see him, then my body will not leave his body till either of us meet his fate." I was astonished at that talk. Then the other boy called my attention saying the same as the other had said. After a while I saw Abu Jahl walking amongst the people. I said (to the boys), "Look! This is the man you asked me about." So, both of them attacked him with their swords and struck him to death and returned to Allah'S Apostle to inform him of that. Allah's Apostle asked, "Which of you has killed him?" Each of them said, "I Have killed him." Allah's Apostle asked, "Have you cleaned your swords?" They said, "No. " He then looked at their swords and said, "No doubt, you both have killed him and the spoils of the deceased will be given to Mu`adh bin `Amr bin Al-Jamuh." The two boys were Mu`adh bin 'Afra and Mu`adh bin `Amr bin Al-Jamuh.

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Muhammad ibn al-Ashath told him that he had a christian or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned that to Umar ibn al-Khattab and said to him, "Who inherits from her?" Umar ibn al-Khattab said to him, "The people of her deen inherit from her." Then he went to Uthman ibn Affan, and asked him about that. Uthman said to him, "Do you think that I have forgotten what Umar ibn al-Khattab said to you? The people.of her deen inherit from her."

Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death, like water or an untrained dog, that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ, so that it did not have any life after that.

Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight, then it was disapproved of to eat it.

When `Ali was in Yemen, he sent some gold in its ore to the Prophet. The Prophet distributed it among Al-Aqra' bin H`Abis Al-Hanzali who belonged to Bani Mujashi, 'Uyaina bin Badr Al-Fazari, 'Alqama bin 'Ulatha Al-`Amiri, who belonged to the Bani Kilab tribe and Zaid AI-Khail at-Ta'i who belonged to Bani Nabhan. So the Quraish and the Ansar became angry and said, "He gives to the chiefs of Najd and leaves us!" The Prophet said, "I just wanted to attract and unite their hearts (make them firm in Islam)." Then there came a man with sunken eyes, bulging forehead, thick beard, fat raised cheeks, and clean-shaven head, and said, "O Muhammad! Be afraid of Allah! " The Prophet said, "Who would obey Allah if I disobeyed Him? (Allah). He trusts me over the people of the earth, but you do not trust me?" A man from the people (present then), who, I think, was Khalid bin Al- Walid, asked for permission to kill him, but the Prophet prevented him. When the man went away, the Prophet said, "Out of the offspring of this man, there will be people who will recite the Qur'an but it will not go beyond their throats, and they will go out of Islam as an arrow goes out through the game, and they will kill the Muslims and leave the idolators. Should I live till they appear, I would kill them as the Killing of the nation of 'Ad."

A woman called Umm Khallad came to the Prophet (saws) while she was veiled. She was searching for her son who had been killed (in the battle) Some of the Companions of the Prophet (saws) said to her: You have come here asking for your son while veiling your face? She said: If I am afflicted with the loss of my son, I shall not suffer the loss of my modesty. The Messenger of Allah (saws) said: You will get the reward of two martyrs for your son. She asked: Why is that so, Messenger of Allah? He replied: Because the people of the Book have killed him.

The people of Kufa differed as regards the killing of a believer so I entered upon Ibn `Abbas (and asked him) about that. Ibn `Abbas said, "The Verse (in Surat-An-Nisa', 4:93) was the last thing revealed in this respect and nothing cancelled its validity."

The Prophet (saws) said: The best of you are those whose shoulders are soft in prayer.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "For the pigeon of Makka, when it is killed, a sheep is due."

Malik said, that if a man of the people of Makka were to enter ihram for hajj or umra and there was a flock of Makkan pigeons in his house and they were shut in and died, "I think that he should pay for that with a sheep for each bird."

Abu Dawud said: The solitary point in this tradition (not supported by other traditions) is the report about the signet-ring.

During the lifetime of Allah's Apostle a Jew attacked a girl and took some silver ornaments she was wearing and crushed her head. Her relative brought her to the Prophet while she was in her last breaths, and she was unable to speak. Allah's Apostle asked her, "Who has hit you? So-and so?", mentioning somebody other than her murderer. She moved her head, indicating denial. The Prophet mentioned another person other than the murderer, and she again moved her head indicating denial. Then he asked, "Was it so-and-so?", mentioning the name of her killer. She nodded, agreeing. Then Allah's Apostle; ordered that the head of that Jew be crushed between two stones.

Anas bin Malik said, "When the emigrants came Medina, they had nothing whereas the Ansar had land and property. The Ansar gave them their land on condition that the emigrants would give them half the yearly yield and work on the land and provide the necessaries for cultivation." His (i.e. Anas's mother who was also the mother of `Abdullah bin Abu Talha, gave some date-palms to Allah' Apostle who gave them to his freed slave-girl (Um Aiman) who was also the mother of Usama bin Zaid. When the Prophet finished from the fighting against the people of Khaibar and returned to Medina, the emigrants returned to the Ansar the fruit gifts which the Ansar had given them. The Prophet also returned to Anas's mother the date-palms. Allah's Apostle gave Um Aiman other trees from his garden in lieu of the old gift.

Allah's Apostle shrouded every two martyrs of Uhud in one piece of cloth and then he would ask, "Which of them knew more Qur'an?" When one of them was pointed out he would put him first in the grave. He said, "I am a witness on these." Then he ordered them to be buried with blood on their bodies. Neither did he offer their funeral prayer nor did he get them washed. (Jabir bin `Abdullah added): Allah's Apostle used to ask about the martyrs of Uhud as to which of them knew more of the Qur'an." And when one of them was pointed out as having more of it he would put him first in the grave and then his companions. (Jabir added): My father and my uncle were shrouded in one sheet.

The Prophet (saws) said: The intercession of a martyr will be accepted for seventy members of his family.

Abu Dawud said: The correct name if the narrator is Rabah b. al-Walid (and not al-walid b. Rabah as occurred in the chain of narrators in the text of the tradition)

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bani Laith in revenge for a killed person, belonging to them. They informed the Prophet about it. So he rode his Rahila (she-camel for riding) and addressed the people saying, "Allah held back the killing from Mecca. (The sub-narrator is in doubt whether the Prophet said "elephant or killing," as the Arabic words standing for these words have great similarity in shape), but He (Allah) let His Apostle and the believers over power the infidels of Mecca. Beware! (Mecca is a sanctuary) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day. No doubt it is at this moment a sanctuary, it is not allowed to uproot its thorny shrubs or to uproot its trees or to pick up its Luqat (fallen things) except by a person who will look for its owner (announce it publicly). And if somebody is killed, then his closest relative has the right to choose one of the two-- the blood money (Diyya) or retaliation having the killer killed. In the meantime a man from Yemen came and said, "O Allah's Apostle! Get that written for me." The Prophet ordered his companions to write that for him. Then a man from Quraish said, "Except Al-Idhkhir (a type of grass that has good smell) O Allah's Apostle, as we use it in our houses and graves." The Prophet said, "Except Al-Idhkhir i.e. Al-Idhkhir is allowed to be plucked."

A man belonging to Usbadhiyin of the people of Bahrayn, who were the Magians of Hajar, came to the Messenger of Allah (saws) and remained with him (for some time), and then came out. I asked him: What have Allah and His Messenger of Allah decided for you? He replied: Evil. I said: Silent. He said: Islam or killing. AbdurRahman ibn Awf said: He accepted jizyah from them. Ibn Abbas said: The people followed the statement of AbdurRahman ibn Awf, and they left that which I heard from the Usbadhi.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would never wash his head while he was in ihram except if he had to do ghusl because of a wet dream.

Malik said, "I have heard the people of knowledge say that there is no harm in someone who is in ihram rubbing his head with certain kinds of plants after he has stoned the Jamrat al-Aqaba but before he has shaved his head, because once he has finished stoning the Jamrat al-Aqaba it is halal for him to kill lice, to shave his head, to clean himself of body hair, and to wear normal clothes."