From his father, from his grandfather Rafi' bin Khadij, who said: "We were with the Messenger of Allah (saws) on a journey, when the hasty people went rushing ahead to the sheep to cook them, while the Messenger of Allah (saws) was in the rear of the people. Then he passed the kettled and ordered that they be weighed, then he distributed it between them and equated a camel to ten sheep."

[Abu 'Eisa said:] Sufyan Ath-Thawri reported it from his father, from 'Abayah, from his grandfather Rafi' bin Khadij, and he did not mention "from his father" in it.

This was narrated to us by Mahmud bin Ghailan (who said:) "Waki' narrated it to us from Sufyan." And this is more correct. 'Abayah bin Rifa'ah heard from his grandfather Rafi' bin Khadij.

He said: There are narrations on this topic from Tha'labah bin Al-Hakam, Anas, Abu Rihanah, Abu Ad-Darda, 'Abdur-Rahman bin Samurah, Zaid bin Khalid, Jabir, Abu Hurairah, and Abu Ayyub.

Umm Al Hakam or Duba’ah daughters of Al Zibair bin ‘Abd Al Muttalib said “Some captives of war were brought to the Apostle of Allaah(saws). I and my sister Fatimah, daughter of Apostle of Allaah(saws) went (to the Prophet) and complained to him about our existing condition. We asked him to order (to give) us some captives. The Apostle of Allaah(saws) said “the orphans of the people who were killed in the battle of Badr came before you (and they asked for the captives). But I tell you something better than that. You should utter “Allaah is Most Great” after each prayer thirty three times, “Glory be to Allaah” thirty three times, “Praise be to Allaah” thirty three times and “there is no god but Allaah alone, He has no associate, the Kingdom belongs to Him and praise is due to Him and He has power over all things.”

The narrator ‘Ayyash said “They were daughters of Uncle of the Prophet (saws).”

It was narrated that Masarrah bin Ma`bad said: Yazeed bin Abi Kabshah led us in praying `Asr, then he turned to us after the prayer and said: I prayed with Marwan bin al-Hakam and he did two prostrations like these, then he turned to us and told us that he prayed with ‘Uthman (رضي الله عنه), who narrated from the Prophet (ﷺ) ... and he mentioned a similar report.

One of the sons of Abu Talha became sick and died and Abu Talha at that time was not at home. When his wife saw that he was dead, she prepared him (washed and shrouded him) and placed him somewhere in the house. When Abu Talha came, he asked, "How is the boy?" She said, "The child is quiet and I hope he is in peace." Abu Talha thought that she had spoken the truth. Abu Talha passed the night and in the morning took a bath and when he intended to go out, she told him that his son had died, Abu Talha offered the (morning) prayer with the Prophet and informed the Prophet of what happened to them. Allah's Apostle said, "May Allah bless you concerning your night. (That is, may Allah bless you with good offspring)." Sufyan said, "One of the Ansar said, 'They (i.e. Abu Talha and his wife) had nine sons and all of them became reciters of the Qur'an (by heart).' "

"The Messenger of Allah (saws) gave me two boys who were brothers, so I sold one of them, and the Messenger of Allah (saws) said to me: 'O, 'Ali! What happened to your boy?' So I informed him, and he said: 'Return him, return him.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked separating between the captives when selling them.

Some of the people of knowledge permitted separating the children that were born in the land of Islam, but the first view is more correct. It has been related that Ibrahim An-Nakha'i seperated a mother and her child in a sale, so he was asked about that. He said: "I sought her permission for that and she approved."

Abu 'Ali said: Did you hear Abu Dawud ? He said: Some of my companions reminded me of some words that were omitted from writing on the paper.

My grandfather said, "We were in the company of the Prophet at Dhul-Hulaifa. The people felt hungry and captured some camels and sheep (as booty). The Prophet was behind the people. They hurried and slaughtered the animals and put their meat in pots and started cooking it. (When the Prophet came) he ordered the pots to be upset and then he distributed the animals (of the booty), regarding ten sheep as equal to one camel. One of the camels fled and the people ran after it till they were exhausted. At that time there were few horses. A man threw an arrow at the camel, and Allah stopped the camel with it. The Prophet said, "Some of these animals are like wild animals, so if you lose control over one of these animals, treat it in this way (i.e. shoot it with an arrow)." Before distributing them among the soldiers my grandfather said, "We may meet the enemies in the future and have no knives; can we slaughter the animals with reeds?" The Prophet said, "Use whatever causes blood to flow, and eat the animals if the name of Allah has been mentioned on slaughtering them. Do not slaughter with teeth or fingernails and I will tell you why: It is because teeth are bones (i.e. cannot cut properly) and fingernails are the tools used by the Ethiopians (whom we should not imitate for they are infidels).

(daughter of Abu Sufyan) I said, "O Allah's Apostle! Marry my sister. the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I replied, "Yes, for even now I am not your only wife and I like that my sister should share the good with me." The Prophet said, "But that is not lawful for me." I said, We have heard that you want to marry the daughter of Abu Salama." He said, "(You mean) the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my step-daughter, she would be unlawful for me to marry as she is my foster niece. I and Abu Salama were suckled by Thuwaiba. So you should not present to me your daughters or your sisters (in marriage)." Narrated 'Urwa: Thuwaiba was the freed slave girl of Abu Lahb whom he had manumitted, and then she suckled the Prophet. When Abu Lahb died, one of his relatives saw him in a dream in a very bad state and asked him, "What have you encountered?" Abu Lahb said, "I have not found any rest since I left you, except that I have been given water to drink in this (the space between his thumb and other fingers) and that is because of my manumitting Thuwaiba."

`Urwa said, "Aisha told me that Allah's Apostle used to examine the women emigrants. We have been told also that when Allah revealed the order that the Muslims should return to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the Muslims should not keep unbelieving women as their wives, `Umar divorced two of his wives, Qariba, the daughter of Abu Umayyah and the daughter of Jarwal Al-Khuza`i. Later on Mu`awiya married Qariba and Abu Jahm married the other." When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: "And if any of your wives have gone from you to the unbelievers and you have an accession (by the coming over of a woman from the other side) (then pay to those whose wives have gone) the equivalent of what they had spent (on their Mahr)." (60.11) So, Allah ordered that the Muslim whose wife has gone, should be given, as a compensation of the Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting their husbands. We do not know any of the women emigrants who deserted Islam after embracing it. We have also been told that Abu Basir bin Asid Ath-Thaqafi came to the Prophet as a Muslim emigrant during the truce. Al-Akhnas bin Shariq wrote to the Prophet requesting him to return Abu Basir.

When Allah's Apostle died and Abu Bakr became the caliph some Arabs renegade (reverted to disbelief) (Abu Bakr decided to declare war against them), `Umar, said to Abu Bakr, "How can you fight with these people although Allah's Apostle said, 'I have been ordered (by Allah) to fight the people till they say: "None has the right to be worshipped but Allah, and whoever said it then he will save his life and property from me except on trespassing the law (rights and conditions for which he will be punished justly), and his accounts will be with Allah.' " Abu Bakr said, "By Allah! I will fight those who differentiate between the prayer and the Zakat as Zakat is the compulsory right to be taken from the property (according to Allah's orders) By Allah! If they refuse to pay me even a she-kid which they used to pay at the time of Allah's Apostle . I would fight with them for withholding it" Then `Umar said, "By Allah, it was nothing, but Allah opened Abu Bakr's chest towards the decision (to fight) and I came to know that his decision was right."

"A letter came from the Messenger of Allah (saws) saying: 'Do not use the skins of dead animals, nor tendons.'"

[Abu 'Eisa said:] This Hadith is Hasan. This Hadith has been related to 'Abdullah bin 'Ukaim from some Shuyukh of his, and this is not acted upon according to most of the people of knowledge. And this Hadith has been related from 'Abdullah bin 'Ukaim, that he said: "A letter came to us from the Messenger of Allah (saws) two months before he died."

He said: I heart Ahmad bin Al-Hasan saying: "Ahmad bin Hanbal followed this Hadith due to it mentioning that it was two months before he (saws) died. Then Ahmad left this Hadith because of their Idtirab in its chain, since some of them reported it, saying: 'From 'Abdullah bin 'Ukaim from some Shuyukh of his from Juhainah.'"

(one of them said more than his friend): The Prophet set out in the company of more than onethousand of his companions in the year of Al-Hudaibiya, and when he reached Dhul-Hulaifa, he garlanded his Hadi (i.e. sacrificing animal), assumed the state of Ihram for `Umra from that place and sent a spy of his from Khuzi'a (tribe). The Prophet proceeded on till he reached (a village called) Ghadir-al-Ashtat. There his spy came and said, "The Quraish (infidels) have collected a great number of people against you, and they have collected against you the Ethiopians, and they will fight with you, and will stop you from entering the Ka`ba and prevent you." The Prophet said, "O people! Give me your opinion. Do you recommend that I should destroy the families and offspring of those who want to stop us from the Ka`ba? If they should come to us (for peace) then Allah will destroy a spy from the pagans, or otherwise we will leave them in a miserable state." On that Abu Bakr said, "O Allah Apostle! You have come with the intention of visiting this House (i.e. Ka`ba) and you do not want to kill or fight anybody. So proceed to it, and whoever should stop us from it, we will fight him." On that the Prophet said, "Proceed on, in the Name of Allah !"

The Prophet (saws) bought a horse from a Bedouin. The Prophet (saws) took him with him to pay him the price of his horse. The Messenger of Allah (saws) walked quickly and the Bedouin walked slowly. The people stopped the Bedouin and began to bargain with him for the horse as and they did not know that the Prophet (saws) had bought it.

The Bedouin called the Messenger of Allah (saws) saying: If you want this horse, (then buy it), otherwise I shall sell it. The Prophet (saws) stopped when he heard the call of the Bedouin, and said: Have I not bought it from you? The Bedouin said: I swear by Allah, I have not sold it to you. The Prophet (saws) said: Yes, I have bought it from you. The Bedouin began to say: Bring a witness. Khuzaymah ibn Thabit then said: I bear witness that you have bought it. The Prophet (saws) turned to Khuzaymah and said: On what (grounds) do you bear witness?

He said: By considering you trustworthy, Messenger of Allah (saws)! The Prophet (saws) made the witness of Khuzaymah equivalent to the witness of two people.

There are narrations on this topic from Al-Hasan bin 'Ali, and Ibn 'Abbas.

Abu Eisa said: The Hadith of 'Ali is a Hasan Sahih Hadith, regarding which there are narrations from four of the Tabi'in narrating it from each other. This is acted upon according to some of the people of knowledge. Ash-Shafi'i said: "This is the most correct thing on this topic" This Hadith abrogates first Hadith: "Whenever you see a funeral (procession), stand up [for it]."

Ahmad said: "If he wants, he stands, and if he wants, he does not stand." His proof is that it has been reported that the Prophet (saws) stood, then sat, and this is what Ishaq bin Ibrahim said.

(Abu Eisa said:) As for the saying of 'Ali: The Prophet (saws) stood for the funeral and then sat, he means that the Prophet (saws) would stand when he saw a funeral (procession), then he did not do so later, so he would not stand when he saw the funeral (procession).

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."

That he heard Marwan bin Al-Hakam and Al-Miswar bin Makhrama relating one of the events that happened to Allah's Apostle in the `Umra of Al-Hudaibiya. They said, "When Allah's Apostle concluded the truce with Suhail bin `Amr on the day of Al-Hudaibiya, one of the conditions which Suhail bin `Amr stipulated, was his saying (to the Prophet), "If anyone from us (i.e. infidels) ever comes to you, though he has embraced your religion, you should return him to us, and should not interfere between us and him." Suhail refused to conclude the truce with Allah's Apostle except on this condition. The believers disliked this condition and got disgusted with it and argued about it. But when Suhail refused to conclude the truce with Allah's Apostle except on that condition, Allah's Apostle concluded it. Accordingly, Allah's Apostle then returned Abu Jandal bin Suhail to his father, Suhail bin `Amr, and returned every man coming to him from them during that period even if he was a Muslim. The believing women Emigrants came (to Medina) and Um Kulthum, the daughter of `Uqba bin Abi Mu'ait was one of those who came to Allah's Apostle and she was an adult at that time. Her relatives came, asking Allah's Apostle to return her to them, and in this connection, Allah revealed the Verses dealing with the believing (women).

When the delegates of the tribe of Hawazin came to the Prophet they requested him to return their property and their captives. He said to them, "This concerns also other people along with me as you see, and the best statement to me is the true one, so you may choose one of two alternatives; either the captives or the property and (I have not distributed the booty for) I have been waiting for you." When the Prophet had returned from Ta'if, he waited for them for more than ten nights. When they came to know that the Prophet would not return except one of the two, they chose their captives. The Prophet then stood up amongst the Muslims, Glorified and Praised Allah as He deserved, and then said, "Then after: These brothers of yours have come to you with repentance and I see it proper to return their captives, so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first Fai (i.e. war booty) which Allah will give us, then he can do so." The people said, "We return (the captives) to them willingly as a favor, O Allah's Apostle!" The Prophet said, "I do not know who of you has given his consent and who has not; so go back and your leaders may present your decision to me." The people went away, and their leaders discussed the matter with them, and then came to the Prophet to tell him that all of them had given their consent (to return the captives) willingly. (Az-Zuhn, the sub-narrator said, "This is what we know about the captives, of Hawazin.")

Abu Dawud said: In this tradition Ma’mar on the authority of al-Zuhrl said: The words “wa la yun iyannaka” instead of “wa la yuthniyannaka,” with the same meaning: “it may not distract you” salih b. Kaisan on the authority of al-Zurhrl said in this tradition the words “al-mushtaharat” (well-know things). He also said the word “La yuthniyannaka” as ‘Uqail mentioned. Ibn ishaq, on the authority of al-Zuhri, said: Yes, if you are doubtful about the speech of a scholar until you say: WHAT did he mean by this word?

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one ...

AbuHurayrah replied: Yes. Marwan then asked: When? AbuHurayrah said: On the occasion of the Battle of Najd. The Messenger of Allah (saws) stood up to offer the afternoon prayer. One section stood with him (to pray) and the other was standing before the enemy, and their backs were towards the qiblah. The Messenger of Allah (saws) uttered the takbir and all of them too uttered the takbir, i.e. those who were with him and those who were facing the enemy. Then the Messenger of Allah (saws) offered one rak'ah and the section that was with him also prayed one rak'ah. He then prostrated himself and those who were with him also prostrated, while the other section was standing before the enemy.

The Messenger of Allah (saws) then stood up and the section with him also stood up. They went and faced the enemy and the section that was previously facing the enemy stepped forward. They bowed and prostrated while the Messenger of Allah (saws) was standing in the same position. Then they stood up and the Messenger of Allah (may peace be upon) prayed another rak'ah and all of them bowed and prostrated along with him. After that the section that was standing before the enemy came forward and they bowed and prostrated, while the Messenger of Allah (saws) remained seated and also those who were with him. The salutation then followed. The Messenger of Allah (saws) uttered the salutation and all of them uttered it together. The Messenger of Allah (saws) prayed two rak'ahs and each of the two sections prayed one rak'ah with him (and the other by themselves).

When the delegates of the tribe of Hawazin after embracing Islam, came to Allah's Apostle, he got up. They appealed to him to return their properties and their captives. Allah's Apostle said to them, "The most beloved statement to me is the true one. So, you have the option of restoring your properties or your captives, for I have delayed distributing them." The narrator added, Allah's Apostle c had been waiting for them for more than ten days on his return from Taif. When they realized that Allah's Apostle would return to them only one of two things, they said, "We choose our captives." So, Allah's Apostle got up in the gathering of the Muslims, praised Allah as He deserved, and said, "Then after! These brethren of yours have come to you with repentance and I see it proper to return their captives to them. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first booty which Allah will give us then he can do so." The people replied, "We agree to give up our shares willingly as a favor for Allah's Apostle." Then Allah's Apostle said, "We don't know who amongst you has agreed and who hasn't. Go back and your chiefs may tell us your opinion." So, all of them returned and their chiefs discussed the matter with them and then they (i.e. their chiefs) came to Allah's Apostle to tell him that they (i.e. the people) had given up their shares gladly and willingly.

When the Hawazin delegation came to Allah's Apostle after they had embraced Islam and requested him to return their properties and war prisoners to them, Allah's Apostle said, "To me the best talk is the truest, so you may choose either of two things; the war prisoners or the wealth, for I have delayed their distribution." Allah's Apostle had waited for them for over ten days when he returned from Ta'if. So, when those people came to know that Allah's Apostle was not going to return to them except one of the two things the said, "We choose our war Prisoners 'Allah's Apostle stood up amongst the Muslims, and after glorifying Allah as He deserved, he said, "Now then, these brothers of yours have come to us with repentance, and I see it logical that I should return their captives to them, so whoever of you likes to do that as a favor then he can do it, and whoever amongst you likes to stick to his share, let him give up his prisoners and we will compensate him from the very first Fai' (i.e. war booty received without fight) which Allah will give us." On that, all the people said. 'O Allah's Apostles We have agreed willingly to do so (return the captives)" Then Allah's Apostle said to them "I do not know who amongst you has agreed to this and who has not. You should return and let your leaders inform me of your agreement." The people returned and their leaders spoke to them, and then came to Allah's Apostle and said, "All the people have agreed willingly to do so and have given the permission to return the war prisoners (without Compensation)" (Az-Zuhri, the sub-narrator states) This is what has been related to us about the captives of Hawazin.