[He said:] There are narrations on this topic from Abu Sa'eed and 'Atiyyah Al-Qurazi.

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

We were in the company of the Prophet in a Ghazwa. A large number of emigrants joined him and among the emigrants there was a person who used to play jokes (or play with spears); so he (jokingly) stroked an Ansari man on the hip. The Ans-ari got so angry that both of them called their people. The Ansari said, "Help, O Ansar!" And the emigrant said "Help, O emigrants!" The Prophet came out and said, "What is wrong with the people (as they are calling) this call of the period of Ignorance? "Then he said, "What is the matter with them?" So he was told about the stroke of the emigrant to the Ansari. The Prophet said, "Stop this (i.e. appeal for help) for it is an evil call. "Abdullah bin Ubai bin Salul (a hypocrite) said, "The emigrants have called and (gathered against us); so when we return to Medina, surely, the more honorable people will expel therefrom the meaner," Upon that `Umar said, "O Allah's Prophet! Shall we not kill this evil person (i.e. `Abdullah bin Ubai bin Salul) ?" The Prophet) said, "(No), lest the people should say that Muhammad used to kill his companions."

`Abdullah bin `Umar came to us and we hoped that he would narrate to us a good Hadith. But before we asked him, a man got up and said to him, "O Abu `Abdur-Rahman! Narrate to us about the battles during the time of the afflictions, as Allah says:-- 'And fight them until there is no more afflictions (i.e. no more worshipping of others besides Allah).'" (2.193) Ibn `Umar said (to the man), "Do you know what is meant by afflictions? Let your mother bereave you! Muhammad used to fight against the pagans, for a Muslim was put to trial in his religion (The pagans will either kill him or chain him as a captive). His fighting was not like your fighting which is carried on for the sake of ruling."

Yahya related to me from Malik from Ibn Shihab that a son of Kab ibn Malik (Malik believed that ibn Shihab said it was Abd ar-Rahman ibn Kab) said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade those who fought ibn Abi Huqayq (a treacherous jew from Madina) to kill women and children. He said that one of the men fighting had said, 'The wife of ibn Abi Huqayq began screaming and I repeatedly raised my sword against her. Then I would remember the prohibition of the Messenger of Allah, may Allah bless him and grant him peace, so I would stop. Had it not been for that, we would have been rid of her.' "

The Messenger of Allah (saws) gave judgement that the killer should have what was taken from the man he killed, and did not make this subject to division into fifths.

Yahya related to me from Malik that Ibn Shihab said, "The precedent of the sunna is that the tribe are not liable for any blood- money of an intentional killing unless they wish that."

Yahya related to me from Malik from Yahya ibn Said the same as that.

I or somebody, asked Allah's Apostle "Which is the biggest sin in the Sight of Allah?" He said, "That you set up a rival (in worship) to Allah though He Alone created you." I asked, "What is next?" He said, "Then, that you kill your son, being afraid that he may share your meals with you." I asked, "What is next?" He said, "That you commit illegal sexual intercourse with the wife of your neighbor." Then the following Verse was revealed to confirm the statement of Allah's Apostle: "Those who invoke not with Allah, any other god, nor kill life as Allah has forbidden except for just cause, nor commit illegal sexual intercourse." (25.68)

I said, "O Allah's Apostle! We are going to face the enemy tomorrow and we do not have knives." He said, "Hurry up (in killing the animal). If the killing tool causes blood to flow out, and if Allah's Name is mentioned, eat (of the slaughtered animal). But do not slaughter with a tooth or a nail. I will tell you why: As for the tooth, it is a bone; and as for the nail, it is the knife of Ethiopians." Then we got some camels and sheep as war booty, and one of those camels ran away, whereupon a man shot it with an arrow and stopped it. Allah's Apostle said, "Of these camels there are some which are as wild as wild beasts, so if one of them (runs away and) makes you tired, treat it in this manner."

A man said, "O Allah's Apostle! Which sin is the greatest in Allah's Sight?" The Prophet said, "To set up a rival unto Allah though He Alone created you . " The man said, "What is next?" The Prophet said, "To kill your son lest he should share your food with you." The man said, "What is next?" The Prophet said, "To commit illegal sexual intercourse with the wife of your neighbor." So Allah revealed in confirmation of this narration:-- 'And those who invoke not with Allah, any other god. Nor kill, such life as Allah has forbidden except for just cause nor commit illegal sexual intercourse. And whoever does this shall receive the punishment.' (25.68)

A man said, "O Allah's Apostle! Which sin is the biggest in Allah's Sight?" The Prophet said, "To set up rivals unto Allah though He Alone created you." That man said, "What is next?" The Prophet said, "To kill your son lest he should share your food with you.'' The man said, "What is next?" The Prophet said, "To commit illegal sexual intercourse with the wife of your neighbor." Then Allah revealed in confirmation of that: "And those who invoke not with Allah any other god, nor kill such life as Allah has made sacred except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment..... (25.68)

Malik said, I still hear that when a person in ihram kills an ostrich, a camel is due."

Malik said, "I think that for an ostrich egg, one tenth of the price of a camel is due in the same way that there is a newly-born male or female slave for the unborn child of a free woman. The value of the newly-born slave is fifty dinars, and that is one-tenth of what the blood-money for the mother would be.

"Birds from the eagle family, eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid, the assessment is the same, whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman, are considered to be the same."

When it was the day of Uhud, the pagans were defeated. Then Satan, Allah's Curse be upon him, cried loudly, "O Allah's Worshippers, beware of what is behind!" On that, the front files of the (Muslim) forces turned their backs and started fighting with the back files. Hudhaifa looked, and on seeing his father Al-Yaman, he shouted, "O Allah's Worshippers, my father, my father!" But by Allah, they did not stop till they killed him. Hudhaifa said, "May Allah forgive you." (The sub-narrator, `Urwa, said, "By Allah, Hudhaifa continued asking Allah's Forgiveness for the killers of his father till he departed to Allah (i.e. died).")

That he was in the company of Allah's Apostle and when they had covered a portion of the road to Mecca, he and some of the companions lagged behind. The latter were in a state of Ihram, while he was not. He saw an onager and rode his horse and requested his companions to give him his lash but they refused. Then he asked them to give him his spear but they refused, so he took it himself, attacked the onager, and killed it. Some of the companions of the Prophet ate of it while some others refused to eat. When they caught up with Allah's Apostle they asked him about that, and he said, "That was a meal Allah fed you with." (It is also said that Allah's Apostle asked, "Have you got something of its meat?")

The Messenger of Allah (saws) said on the day of Badr: He who kills a man will get such-and-such, and he who captivates a man will get such-and-such. The narrator then transmitted the rest of the tradition in a similar manner. The tradition of Khalid is more perfect.

The Prophet said, "The person who participates in (Holy battles) in Allah's cause and nothing compels him to do so except belief in Allah and His Apostles, will be recompensed by Allah either with a reward, or booty (if he survives) or will be admitted to Paradise (if he is killed in the battle as a martyr). Had I not found it difficult for my followers, then I would not remain behind any sariya going for Jihad and I would have loved to be martyred in Allah's cause and then made alive, and then martyred and then made alive, and then again martyred in His cause."

Yahya related to me from Malik from Yahya ibn Said from Said al- Maqburi from Abdullah ibn Abi Qatada that his father had said that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "O Messenger of Allah! If I am killed in the way of Allah, expectant for reward, sincere, advancing, and not retreating, will Allah pardon my faults?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes." When the man turned away, the Messenger of Allah, may Allah bless him and grant him peace, called him - or commanded him and he was called to him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "What did you say?" He repeated his words to him, and the Prophet, may Allah bless him and grant him peace, said to him, "Yes, except for the debt. Jibril said that to me."

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

The Prophet said, "Near the establishment of the Hour, there will be the days of Al-Harj, and the religious knowledge will be taken away (vanish i.e. by the death of Religious scholars) and general ignorance will spread." Abu Musa said, "Al-Harj, in the Ethiopian language, means killing."

The Prophet used not to enter any house in Medina except the house of Um Sulaim besides those of his wives when he was asked why, he said, "I take pity on her as her brother was killed in my company. "

`Abdullah bin Al-Fadl told me that Anas bin Malik said, "I was much grieve over those who had been killed in the Battle of Al-Harra. When Zaid bin Arqarr heard of my intense grief (over the killed Ansar), he wrote a letter to me saying that he heard Allah's Apostle saying, O Allah! Forgive the Ansar and the Ansar children. The subnarrator, Ibn Al-Fadl, is not sure whether the Prophet also said, And their grand-children." Some of those who were present, asked Anas (about Zaid). He said, "He (Zaid) is the one about whom Allah's Apostle said, 'He is the one whose sound hearing Allah testified.'

Kill all the snakes except the little white one which looks like a silver wand.

Abu Dawud said: A man said to me: A white snake does not wind in its movement. If it is correct, that is a sign in it, if Allah wills.

Ibn `Umar informed me that on the day (of Mu'tah) he stood beside Ja`far who was dead (i.e. killed in the battle), and he counted fifty wounds in his body, caused by stabs or strokes, and none of those wounds was in his back.

The Messenger of Allah (saws) made a brotherhood between two men, one of whom was killed (in Allah's path), and a week or thereabouts later the other died, and we prayed at his funeral). The Messenger of Allah (saws) asked: What did you say? We replied: We prayed for him and said: O Allah, forgive him, and join him to his companion. The Messenger of Allah (saws) said: What about his prayers since the time the other died, and his fasting since the time the other died--the narrator Shu'bah doubted the words, "his fasting--and his deeds since the time the other died. The distance between them is just like the distance between heaven and earth.

I asked `Abdullah bin `Amr bin Al-`As to inform me of the worst thing the pagans had done to Allah's Apostle. He said: "While Allah's Apostle was praying in the courtyard of the Ka`ba, `Uqba bin Abi Mu'ait came and seized Allah's Apostle by the shoulder and twisted his garment round his neck and throttled him severely. Abu Bakr came and seized `Uqba's shoulder and threw him away from Allah's Apostle and said, "Would you kill a man because he says: 'My Lord is Allah,' and has come to you with clear Signs from your Lord?" (40.28)

When the tribe of Bani Quraiza was ready to accept Sa`d's judgment, Allah's Apostle sent for Sa`d who was near to him. Sa`d came, riding a donkey and when he came near, Allah's Apostle said (to the Ansar), "Stand up for your leader." Then Sa`d came and sat beside Allah's Apostle who said to him. "These people are ready to accept your judgment." Sa`d said, "I give the judgment that their warriors should be killed and their children and women should be taken as prisoners." The Prophet then remarked, "O Sa`d! You have judged amongst them with (or similar to) the judgment of the King Allah."

Allah's Apostle said, "The Hour will not be established until the son of Mary (i.e. Jesus) descends amongst you as a just ruler, he will break the cross, kill the pigs, and abolish the Jizya tax. Money will be in abundance so that nobody will accept it (as charitable gifts).

A Jewess brought a poisoned (cooked) sheep for the Prophet who ate from it. She was brought to the Prophet and he was asked, "Shall we kill her?" He said, "No." I continued to see the effect of the poison on the palate of the mouth of Allah's Apostle .

Allah's Apostle (pointing to his broken canine tooth) said, "Allah's Wrath has become severe on the people who harmed His Prophet. Allah's Wrath has become severe on the man who is killed by the Apostle of Allah in Allah's Cause."