The Prophet burnt the date-palm trees of Bani An-Nadir. Hassan bin Thabit said the following poetic Verses about this event:-- "the terrible burning of Al-Buwaira Has been received indifferently By the nobles of Bani Luai (The masters and nobles of Quraish)." Abu Sufyan bin Al-Harith (i.e. the Prophet's cousin who was still a disbeliever then) replied to Hassan, saying in poetic verses:-- "May Allah bless that burning And set all its (i.e. Medina's) Parts on burning fire. You will see who is far from it (i.e. Al-Buwaira) And which of our lands will be Harmed by it (i.e. the burning of Al- Buwaira).

Zaynab, the wife of Abdullah ibn Mas'ud, told that Abdullah said: I heard the Messenger of Allah (saws) saying: spells, charms and love-potions are polytheism.

I asked: Why do you say this? I swear by Allah, when my eye was discharging I used to go to so-and-so, the Jew, who applied a spell to me. When he applied the spell to me, it calmed down. Abdullah said:

That was just the work of the Devil who was picking it with his hand, and when he uttered the spell on it, he desisted. All you need to do is to say as the Messenger of Allah (saws) used to say: Remove the harm, O Lord of men, and heal. Thou art the Healer. There is no remedy but Thine which leaves no disease behind.

While I was walking in company with the Prophet in one of the fields of Medina, the Prophet was reclining on a palm leave stalk which he carried with him. We passed by a group of Jews. Some of them said to the others, "Ask him about the spirit." The others said, "Do not ask him, lest he would say something that you hate." Some of them said, "We will ask him." So a man from among them stood up and said, 'O Abal-Qasim! What is the spirit?" The Prophet kept quiet and I knew that he was being divinely inspired. Then he said: "They ask you concerning the Spirit, Say: The Spirit; its knowledge is with my Lord. And of knowledge you (mankind) have been given only a little." (17.85)

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.' "

That during the Year of the Conquest, while he was in Makkah, he heard the Messenger of Allah (saws) saying: "Indeed Allah and His Messenger unlawful the sale of wine, dead carcasses, the pig, and idols." They said: "O Messenger of Allah! What about the fat of carcasses? For indeed it is used to coat the ships, skins are oiled with it, and people use it for lamps?" He said: "No. It is unlawful." Then, with that, the Messenger of Allah (saws) said: "May Allah fight (curse) the Jews! Indeed Allah made the fat unlawful for them, they melted it, sold it, and consumed its price."

[He said:] There are narrations of this topic from 'Umar and Ibn 'Abbas.

[Abu 'Eisa said:] The Hadith of Jabir is Hasan Sahih Hadith. This is acted upon according to the people of knowledge.

Allah's Apostle said, "By Him in Whose Hands my soul is, surely (Jesus,) the son of Mary will soon descend amongst you and will judge mankind justly (as a Just Ruler); he will break the Cross and kill the pigs and there will be no Jizya (i.e. taxation taken from non Muslims). Money will be in abundance so that nobody will accept it, and a single prostration to Allah (in prayer) will be better than the whole world and whatever is in it." Abu Huraira added "If you wish, you can recite (this verse of the Holy Book): -- 'And there is none Of the people of the Scriptures (Jews and Christians) But must believe in him (i.e Jesus as an Apostle of Allah and a human being) Before his death. And on the Day of Judgment He will be a witness Against them." (4.159) (See Fath-ul-Bari, Page 302 Vol 7)

Some people (i.e. the Jews of Bani bin Quraiza) agreed to accept the verdict of Sa`d bin Mu`adh so the Prophet sent for him (i.e. Sa`d bin Mu`adh). He came riding a donkey, and when he approached the Mosque, the Prophet said, "Get up for the best amongst you." or said, "Get up for your chief." Then the Prophet said, "O Sa`d! These people have agreed to accept your verdict." Sa`d said, "I judge that their warriors should be killed and their children and women should be taken as captives." The Prophet said, "You have given a judgment similar to Allah's Judgment (or the King's judgment).

Allah's Apostle passed by two graves and said, "Both of them (persons in the grave) are being tortured, and they are not being tortured for a major sin. This one used not to save himself from being soiled with his urine, and the other used to go about with calumnies (among the people to rouse hostilities, e.g., one goes to a person and tells him that so-and-so says about him such-and-such evil things). The Prophet then asked for a green leaf of a date-palm tree, split it into two pieces and planted one on each grave and said, "It is hoped that their punishment may be abated till those two pieces of the leaf get dried." (See Hadith No 215, Vol 1).

The Prophet said, "I saw in a dream that I was migrating from Mecca to a land where there were date palm trees. I thought that it might be the land of Al-Yamama or Hajar, but behold, it turned out to be Yathrib (i.e. Medina). And I saw cows (being slaughtered) there, but the reward given by Allah is better (than worldly benefits). Behold, those cows proved to symbolize the believers (who were killed) on the Day (of the battle) of Uhud, and the good (which I saw in the dream) was the good and the reward and the truth which Allah bestowed upon us after the Badr battle. (or the Battle of Uhud) and that was the victory bestowed by Allah in the Battle of Khaibar and the conquest of Mecca) .

The Prophet said, "Allah has made Mecca a sanctuary (sacred place) and it was a sanctuary before me and will be so after me. It was made legal for me (to fight in it) for a few hours of the day. None is allowed to uproot its thorny shrubs or to cut its trees or to chase its game or to pick up its fallen things except by a person who announces it publicly." On that Al-Abbas said (to the Prophet), "Except Al- Idhkhir for our goldsmiths and for our graves." And so the Prophet added, "Except Al-Idhkhir. " And Abu Huraira narrated that the Prophet said, "Except Al-Idhkhir for our graves and houses." And Ibn `Abbas said, "For their goldsmiths and houses."

A man came to Allah's Apostle and asked about Al-Luqata (a fallen thing). The Prophet said, "Recognize its container and its tying material and then make a public announcement about it for one year and if its owner shows up, give it to him; otherwise use it as you like." The man said, "What about a lost sheep?" The Prophet said, "It is for you, your brother or the wolf." The man said "What about a lost camel?" The Prophet said, "Why should you take it as it has got its water-container (its stomach) and its hooves and it can reach the places of water and can eat the trees till its owner finds it?"

A man came and asked Allah's Apostle about picking a lost thing. The Prophet said, "Remember the description of its container and the string it is tied with, and make public announcement about it for one year. If the owner shows up, give it to him; otherwise, do whatever you like with it." He then asked, "What about a lost sheep?" The Prophet said, "It is for you, for your brother (i.e. its owner), or for the wolf." He further asked, "What about a lost camel?" The Prophet said, "It is none of your concern. It has its water-container (reservoir) and its feet, and it will reach water and drink it and eat the trees till its owner finds it."

Two ladies (had a fight) and one of them hit the other with a stone on the `Abdomen and caused her to abort. The Prophet judged that the victim be given either a slave or a female slave (as blood-money). Narrated Ibn Shihab: Sa`id bin Al-Musayyab said, "Allah's Apostle judged that in case of child killed in the womb of its mother, the offender should give the mother a slave or a female slave in recompense The offender said, How can I be fined for killing one who neither ate nor drank, neither spoke nor cried: a case like that should be denied ' On that Allah's Apostle said 'He is one of the brothers of the foretellers

Abyad went to the Messenger of Allah (saws) and asked him for assigning him (the mines of) salt as fief. (The narrator Ibn al-Mutawakkil said: which was in Ma'arib.)

So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. He asked him about protecting land which had arak trees growing in it. He replied: He could have such as was beyond the region where the hoofs (of camels) went.

The narrator Ibn al-Mutwakkil said: "that is the camel hoofs."

Malik related to me from Rabia ibn Abi Abd ar-Rahman from Yazid, the mawla of al-Munbaith that Zayd ibn Khalid al-Juhani said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finds. He said, 'Memorize the characteristics of the object found, then publicise it for a year. If the owner comes, give it to him. If not, then it is your business.' He said, 'What about lost sheep, Messenger of Allah?' He said, 'They are yours, your brother's or the wolf's.' He said, 'And the lost camel?' He said, 'It's none of your concern. It has its water and its feet. It will reach water and eat trees until its owner finds it.' "

A (Jewish) Rabbi came to Allah's Apostle and he said, "O Muhammad! We learn that Allah will put all the heavens on one finger, and the earths on one finger, and the trees on one finger, and the water and the dust on one finger, and all the other created beings on one finger. Then He will say, 'I am the King.' Thereupon the Prophet smiled so that his pre-molar teeth became visible, and that was the confirmation of the Rabbi. Then Allah's Apostle recited: 'They made not a just estimate of Allah such as is due to Him. And on the Day of Resurrection the whole of the earth will be grasped by His Hand and the heavens will be rolled up in His Right Hand. Glorified is He, and High is He above all that they associate as partners with Him.' (39.67)

(the Maula of Munba'ith) The Prophet was asked regarding the case of a lost sheep. He said, "You should take it, because it is for you, or for your brother, or for the wolf." Then he was asked about a lost camel. He got angry and his face became red and he said (to the questioner), "You have nothing to do with it; it has its feet and its water container with it; it can go on drinking water and eating trees till its owner meets it." And then the Prophet was asked about a Luqata (money found by somebody). He said, "Remember and recognize its tying material and its container, and make public announcement about it for one year. If somebody comes and identifies it (then give it to him), otherwise add it to your property."

A man asked the Prophet about the picking up of a "Luqata" (fallen lost thing). The Prophet replied, "Recognize and remember its tying material and its container, and make public announcement (about it) for one year, then utilize it but give it to its owner if he comes." Then the person asked about the lost camel. On that, the Prophet got angry and his cheeks or his Face became red and he said, "You have no concern with it as it has its water container, and its feet and it will reach water, and eat (the leaves) of trees till its owner finds it." The man then asked about the lost sheep. The Prophet replied, "It is either for you, for your brother (another person) or for the wolf."

From Abu Salamah, from Jabir bin Abdullah about the statement of Allah, most High: Allah was pleased with the believers when they gave the pledge to you under the tree (48:18). that Jabir said: "We pledged to the Messenger of Allah (saws) that we would not flee, and we did not pledge to him for death."

[He said:] There are narration on this topic from Salamah bin Al-Akwa', Ibn 'Umar, 'Ubadah, and Jarir bin 'Abdullah.

[Abu 'Eisa said:] This Hadith is been reported from 'Eisa bin Yunus, from Al-Awza'i, from Yahya bin Abi Kathir who said: "Jabir bin 'Abdullah said" and he did not mention Abu Salamah on it.

While I was with Ibn `Abbas a man came and said, "O father of `Abbas! My sustenance is from my manual profession and I make these pictures." Ibn `Abbas said, "I will tell you only what I heard from Allah's Apostle . I heard him saying, 'Whoever makes a picture will be punished by Allah till he puts life in it, and he will never be able to put life in it.' " Hearing this, that man heaved a sigh and his face turned pale. Ibn `Abbas said to him, "What a pity! If you insist on making pictures I advise you to make pictures of trees and any other unanimated objects."

Yahya related to me from Malik from Abu Layla ibn Abdullah ibn Abd ar-Rahman ibn Sahl from Sahl ibn Abi Hathma that some of the great men of his people informed him that Abdullah ibn Sahl and Muhayyisa went out to Khaybar because extreme poverty had overtaken them. Muhayyisa returned and said that Abdullah ibn Sahl had been killed and thrown in a shallow well or spring. The jews came and he said, "By Allah! You have killed him." They said, "By Allah! We have not killed him!" Then he made for his people and mentioned that to them. Then he, his brother Huwayyisa, who was older than him, and Abd ar-Rahman, set out. Muhayyisa began to speak, as he had been at Khaybar. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "The greater first, the greater first," meaning in age. So Huwayyisa spoke and then Muhayyisa spoke. The Messenger of Allah, may Allah bless him and grant him peace, said, "Either they pay your companion's blood-money or we will declare war against them." The Messenger of Allah, may Allah bless him and grant him peace, wrote that to them and they wrote, "By Allah, we did not kill him!" The Messenger of Allah, may Allah bless him and grant him peace, said to Huwayyisa, Muhayyisa, and Abd ar-Rahman, "Do you swear and claim the blood of your companion?" They said, "No." He said, "Shall the jews swear to you?" They said, "But they are not muslims." The Messenger of Allah, may Allah bless him and grant him peace, gave blood-money from his own property, and sent them one hundred camels to their house.

Sahl added, "A red camel among them kicked me."

While I was in the company of the Prophet on a farm and he was reclining on a palm leave stalk, some Jews passed by. Some of them said to the others. "Ask him (the Prophet about the spirit." Some of them said, "What urges you to ask him about it" Others said, "(Don't) lest he should give you a reply which you dislike." But they said, "Ask him." So they asked him about the Spirit. The Prophet kept quiet and did not give them any answer. I knew that he was being divinely inspired so I stayed at my place. When the divine inspiration had been revealed, the Prophet said. "They ask you (O, Muhammad) concerning the Spirit, Say: "The spirit," its knowledge is with my Lord; and of knowledge you (mankind) have been given only a Little." (17.85)

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Abi Amra that Zayd ibn Khalid al-Juhani said, "A man died on the day of Hunayn, and they mentioned him to the Messenger of Allah, may Allah bless him and grant him peace." Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "You pray over your companion." (i.e. he would not pray himself). The people's faces dropped at that. Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "Your companion stole from the spoils taken in the way of Allah." Zayd said, "So we opened up his baggage and found some Jews' beads worth about two dirhams."

While I was going with the Prophet through the ruins of Medina and he was reclining on a date-palm leaf stalk, some Jews passed by. Some of them said to the others: Ask him (the Prophet) about the spirit. Some of them said that they should not ask him that question as he might give a reply which would displease them. But some of them insisted on asking, and so one of them stood up and asked, "O Abul-Qasim ! What is the spirit?" The Prophet remained quiet. I thought he was being inspired Divinely. So I stayed till that state of the Prophet (while being inspired) was over. The Prophet then said, "And they ask you (O Muhammad) concerning the spirit --Say: The spirit -- its knowledge is with my Lord. And of knowledge you (mankind) have been given only a little)." (17.85)

Abu Bakr sent for me owing to the large number of casualties in the battle of Al-Yamama, while `Umar was sitting with him. Abu Bakr said (to me), `Umar has come to my and said, 'A great number of Qaris of the Holy Qur'an were killed on the day of the battle of Al-Yamama, and I am afraid that the casualties among the Qaris of the Qur'an may increase on other battle-fields whereby a large part of the Qur'an may be lost. Therefore I consider it advisable that you (Abu Bakr) should have the Qur'an collected.' I said, 'How dare I do something which Allah's Apostle did not do?' `Umar said, By Allah, it is something beneficial.' `Umar kept on pressing me for that till Allah opened my chest for that for which He had opened the chest of `Umar and I had in that matter, the same opinion as `Umar had." Abu Bakr then said to me (Zaid), "You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for Allah's Apostle. So you should search for the fragmentary scripts of the Qur'an and collect it (in one Book)." Zaid further said: By Allah, if Abu Bakr had ordered me to shift a mountain among the mountains from one place to another it would not have been heavier for me than this ordering me to collect the Qur'an. Then I said (to `Umar and Abu Bakr), "How can you do something which Allah's Apostle did not do?" Abu Bakr said, "By Allah, it is something beneficial." Zaid added: So he (Abu Bakr) kept on pressing me for that until Allah opened my chest for that for which He had opened the chests of Abu Bakr and `Umar, and I had in that matter, the same opinion as theirs. So I started compiling the Qur'an by collecting it from the leafless stalks of the date-palm tree and from the pieces of leather and hides and from the stones, and from the chests of men (who had memorized the Qur'an). I found the last verses of Sirat-at-Tauba: ("Verily there has come unto you an Apostle (Muhammad) from amongst yourselves--' (9.128-129) ) from Khuza`ima or Abi Khuza`ima and I added to it the rest of the Sura. The manuscripts of the Qur'an remained with Abu Bakr till Allah took him unto Him. Then it remained with `Umar till Allah took him unto Him, and then with Hafsa bint `Umar.

When Uthman ibn Maz'un died, he was brought out on his bier and buried. The Prophet (saws) ordered a man to bring him a stone, but he was unable to carry it. The Messenger of Allah (saws) got up and going over to it rolled up his sleeves.

The narrator Kathir told that al-Muttalib remarked: The one who told me about the Messenger of Allah (saws) said: I still seem to see the whiteness of the forearms of the Messenger of Allah (saws) when he rolled up his sleeves. He then carried it and placed it at his head saying: I am marking my brother's grave with it, and I shall bury beside him those of my family who die.

The Messenger of Allah (saws) took a signet-ring of gold, and put the stone next the palm of his hand. He engraved on it "Muhammad, the Messenger of Allah". The people then took signet-rings of gold. When he saw that they had taken them (like his ring) he threw it away and said: I shall never wear it. He then fashioned a silver ring and engraved on it "Muhammad, the Messenger of Allah". Then Abu Bakr wore it after him, then 'Umar wore it after Abu Bakr, and the 'Uthman wore it after 'Umar till it fell down in a well called Aris.

Abu Dawud said: The people did not disagree on 'Uthman till the signet-rin fell down from his hand.

that Allah's Apostle was affected by magic, so much that he used to think that he had done something which in fact, he did not do, and he invoked his Lord (for a remedy). Then (one day) he said, "O `Aisha!) Do you know that Allah has advised me as to the problem I consulted Him about?" `Aisha said, "O Allah's Apostle! What's that?" He said, "Two men came to me and one of them sat at my head and the other at my feet, and one of them asked his companion, 'What is wrong with this man?' The latter replied, 'He is under the effect of magic.' The former asked, 'Who has worked magic on him?' The latter replied, 'Labid bin Al-A'sam.' The former asked, 'With what did he work the magic?' The latter replied, 'With a comb and the hair, which are stuck to the comb, and the skin of pollen of a date-palm tree.' The former asked, 'Where is that?' The latter replied, 'It is in Dharwan.' Dharwan was a well in the dwelling place of the (tribe of) Bani Zuraiq. Allah's Apostle went to that well and returned to `Aisha, saying, 'By Allah, the water (of the well) was as red as the infusion of Hinna, (1) and the date-palm trees look like the heads of devils.' `Aisha added, Allah's Apostle came to me and informed me about the well. I asked the Prophet, 'O Allah's Apostle, why didn't you take out the skin of pollen?' He said, 'As for me, Allah has cured me and I hated to draw the attention of the people to such evil (which they might learn and harm others with).' " Narrated Hisham's father: `Aisha said, "Allah's Apostle was bewitched, so he invoked Allah repeatedly requesting Him to cure him from that magic)." Hisham then narrated the above narration. (See Hadith No. 658, Vol. 7)

The Messenger of Allah (saws) said: Gabriel (saws) came to me and said: I came to you last night and was prevented from entering simply because there were images at the door, for there was a decorated curtain with images on it in the house, and there was a dog in the house. So order the head of the image which is in the house to be cut off so that it resembles the form of a tree; order the curtain to be cut up and made into two cushions spread out on which people may tread; and order the dog to be turned out.

The Messenger of Allah (saws) then did so. The dog belonged to al-Hasan or al-Husayn and was under their couch. So he ordered it to be turned out.

Abu Dawud said: Al-Nadd means a thing on which clothes are placed like a couch.

Once the Prophet, while passing through one of the graveyards of Medina or Mecca heard the voices of two persons who were being tortured in their graves. The Prophet said, "These two persons are being tortured not for a major sin (to avoid)." The Prophet then added, "Yes! (they are being tortured for a major sin). Indeed, one of them never saved himself from being soiled with his urine while the other used to go about with calumnies (to make enmity between friends). The Prophet then asked for a green leaf of a date-palm tree, broke it into two pieces and put one on each grave. On being asked why he had done so, he replied, "I hope that their torture might be lessened, till these get dried."

I heard Al-Hajjaj saying on the pulpit, "The Sura in which Al-Baqara (the cow) is mentioned and the Sura in which the family of `Imran is mentioned and the Sura in which the women (An-Nisa) is mentioned." I mentioned this to Ibrahim, and he said, `Abdur-Rahman bin Yazid told me, 'I was with Ibn Mas`ud, when he did the Rami of the Jamrat-ul-Aqaba. He went down the middle of the valley, and when he came near the tree (which was near the Jamra) he stood opposite to it and threw seven small pebbles and said: 'Allahu-Akbar' on throwing every pebble.' Then he said, 'By Him, except Whom none has the right to be worshipped, here (at this place) stood the one on whom Surat-al-Baqra was revealed (i.e. Allah's Apostle).' "

"The Prophet said, 'Allah has made Mecca, a sanctuary, so it was a sanctuary before me and will continue to be a sanctuary after me. It was made legal for me (i.e. I was allowed to fight in it) for a few hours of a day. It is not allowed to uproot its shrubs or to cut its trees, or to chase (or disturb) its game, or to pick up its luqata (fallen things) except by a person who would announce that (what he has found) publicly.' Al-`Abbas said, 'O Allah's Apostle! Except Al-Idhkhir (a kind of grass) (for it is used) by our goldsmiths and for our graves.' The Prophet then said, 'Except Al-Idhkhir.' " `Ikrima said, 'Do you know what "chasing or disturbing" the game means? It means driving it out of the shade to occupy its place."

We practiced I`tikaf with Allah's Apostle in the middle ten days (of Ramadan). In the morning of the twentieth (of Ramadan) we shifted our baggage, but Allah's Apostle came to us and said, "Whoever was m I`tikaf should return to his place of I`tikaf, for I saw (i.e. was informed about the date of) this Night (of Qadr) and saw myself prostrating in mud and water." When I returned to my place the sky was overcast with clouds and it rained. By Him Who sent Muhammad with the Truth, the sky was covered with clouds from the end of that day, and the mosque which was roofed with leafstalks of date palm trees (leaked with rain) and I saw the trace of mud and water over the nose of the Prophet and its tip.

A bedouin went to the Prophet and asked him about picking up a lost thing. The Prophet said, "Make public announcement about it for one year. Remember the description of its container and the string with which it is tied; and if somebody comes and claims it and describes it correctly, (give it to him); otherwise, utilize it." He said, "O Allah's Apostle! What about a lost sheep?" The Prophet said, "It is for you, for your brother (i.e. its owner), or for the wolf." He further asked, "What about a lost camel?" On that the face of the Prophet became red (with anger) and said, "You have nothing to do with it, as it has its feet, its water reserve and can reach places of water and drink, and eat trees."

The Prophet said, "In a dream I saw myself migrating from Mecca to a place having plenty of date trees. I thought that it was Al-Yamama or Hajar, but it came to be Medina i.e. Yathrib. In the same dream I saw myself moving a sword and its blade got broken. It came to symbolize the defeat which the Muslims suffered from, on the Day of Uhud. I moved the sword again, and it became normal as before, and that was the symbol of the victory Allah bestowed upon Muslims and their gathering together. I saw cows in my dream, and by Allah, that was a blessing, and they symbolized the believers on the Day of Uhud. And the blessing was the good Allah bestowed upon us and the reward of true belief which Allah gave us after the day of Badr.

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

A man of the tribe of Aslam came to the Prophet (saws) and testified four times against himself that he had had illicit intercourse with a woman, while all the time the Prophet (saws) was turning away from him.

Then when he confessed a fifth time, he turned round and asked: Did you have intercourse with her? He replied: Yes. He asked: Have you done it so that your sexual organ penetrated hers? He replied: Yes. He asked: Have you done it like a collyrium stick when enclosed in its case and a rope in a well? He replied: Yes. He asked: Do you know what fornication is? He replied: Yes. I have done with her unlawfully what a man may lawfully do with his wife.

He then asked: What do you want from what you have said? He said: I want you to purify me. So he gave orders regarding him and he was stoned to death. Then the Prophet (saws) heard one of his companions saying to another: Look at this man whose fault was concealed by Allah but who would not leave the matter alone, so that he was stoned like a dog. He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air.

He asked: Where are so and so? They said: Here we are, Messenger of Allah (saws)! He said: Go down and eat some of this ass's corpse. They replied: Messenger of Allah! Who can eat any of this? He said: The dishonour you have just shown to your brother is more serious than eating some of it. By Him in Whose hand my soul is, he is now among the rivers of Paradise and plunging into them.

AbuZubyan said: A woman who had committed adultery was brought to Umar. He gave orders that she should be stoned.

Ali passed by just then. He seized her and let her go. Umar was informed of it. He said: Ask Ali to come to me. Ali came to him and said: Commander of the Faithful, you know that the Messenger of Allah (saws) said: There are three (people) whose actions are not recorded: A boy till he reaches puberty, a sleeper till he awakes, a lunatic till he is restored to reason. This is an idiot (mad) woman belonging to the family of so and so. Someone might have done this action with her when she suffered the fit of lunacy.

Umar said: I do not know. Ali said: I do not know.

Habib ibn Salim said: A man called AbdurRahman ibn Hunayn had intercourse with his wife's slave-girl. The matter was brought to an-Nu'man ibn Bashir who was the Governor of Kufah. He said: I shall decide between you in accordance with the decision of the Messenger of Allah (saws). If she made her lawful for you, I shall flog you one hundred lashes. If she did not make her lawful for you, I shall stone you to death. So they found that she had made her lawful for him. He, therefore, flogged him one hundred lashes.

Qatadah said: I wrote to Habib b. Salim; so he wrote this (tradition) to me.

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar from Abu Waqid al-Laythi that a man came to Umar ibn al-Khattab while he was in ash-Sham . He mentioned to him that he had found a man with his wife Umar sent Abu Waqid al-Laythi to the wife to question her about that. He came to her while there were women around her and mentioned to her what her husband had mentioned to Umar ibn al- Khattab, and informed her that she would not be punished on his word and began to suggest to her by that, that she should retract. She refused to retract and held firm to confession. Umar gave the order and she was stoned.