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."

Allah's Apostle sent some men from the Ansar to ((kill) Abu Rafi`, the Jew, and appointed `Abdullah bin Atik as their leader. Abu Rafi` used to hurt Allah's Apostle and help his enemies against him. He lived in his castle in the land of Hijaz. When those men approached (the castle) after the sun had set and the people had brought back their livestock to their homes. `Abdullah (bin Atik) said to his companions, "Sit down at your places. I am going, and I will try to play a trick on the gate-keeper so that I may enter (the castle)." So `Abdullah proceeded towards the castle, and when he approached the gate, he covered himself with his clothes, pretending to answer the call of nature. The people had gone in, and the gate-keeper (considered `Abdullah as one of the castle's servants) addressing him saying, "O Allah's Servant! Enter if you wish, for I want to close the gate." `Abdullah added in his story, "So I went in (the castle) and hid myself. When the people got inside, the gate-keeper closed the gate and hung the keys on a fixed wooden peg. I got up and took the keys and opened the gate. Some people were staying late at night with Abu Rafi` for a pleasant night chat in a room of his. When his companions of nightly entertainment went away, I ascended to him, and whenever I opened a door, I closed it from inside. I said to myself, 'Should these people discover my presence, they will not be able to catch me till I have killed him.' So I reached him and found him sleeping in a dark house amidst his family, I could not recognize his location in the house. So I shouted, 'O Abu Rafi`!' Abu Rafi` said, 'Who is it?' I proceeded towards the source of the voice and hit him with the sword, and because of my perplexity, I could not kill him. He cried loudly, and I came out of the house and waited for a while, and then went to him again and said, 'What is this voice, O Abu Rafi`?' He said, 'Woe to your mother! A man in my house has hit me with a sword! I again hit him severely but I did not kill him. Then I drove the point of the sword into his belly (and pressed it through) till it touched his back, and I realized that I have killed him. I then opened the doors one by one till I reached the staircase, and thinking that I had reached the ground, I stepped out and fell down and got my leg broken in a moonlit night. I tied my leg with a turban and proceeded on till I sat at the gate, and said, 'I will not go out tonight till I know that I have killed him.' So, when (early in the morning) the cock crowed, the announcer of the casualty stood on the wall saying, 'I announce the death of Abu Rafi`, the merchant of Hijaz. Thereupon I went to my companions and said, 'Let us save ourselves, for Allah has killed Abu Rafi`,' So I (along with my companions proceeded and) went to the Prophet and described the whole story to him. "He said, 'Stretch out your (broken) leg. I stretched it out and he rubbed it and it became All right as if I had never had any ailment whatsoever."

The Prophet said, "Whoever swears by a religion other than Islam, is, as he says; and whoever commits suicide with something, will be punished with the same thing in the (Hell) Fire; and cursing a believer is like murdering him; and whoever accuses a believer of disbelief, then it is as if he had killed him."

Allah's Apostle entered Mecca in the year of its Conquest wearing an Arabian helmet on his head and when the Prophet took it off, a person came and said, "Ibn Khatal is holding the covering of the Ka`ba (taking refuge in the Ka`ba)." The Prophet said, "Kill him."

explaining the verse "But the evil ones ever inspire their friend to contend with you" They used to say: Do not eat which Allah killed, but eat which you slaughtered. So Allah revealed the verse: "Eat not of (meats) on which Allah's name hath not been pronounced"...to the end of the verse.

Abu Dawud said: And similarly the word “a fifth time” occurs in the tradition of Abu Ghutaif.

The people of Kufa disagreed (disputed) about the above Verse. So I went to Ibn `Abbas and asked him about it. He said, "This Verse:-- "And whoever kills a believer intentionally, his recompense is Hell." was revealed last of all (concerning premeditated murder) and nothing abrogated it."

The Prophet said, "(Religious) knowledge will be taken away (by the death of religious scholars) ignorance (in religion) and afflictions will appear; and Harj will increase." It was asked, "What is Harj, O Allah's Apostle?" He replied by beckoning with his hand indicating "killing." (Fath-al-Bari Page 192, Vol. 1)

He said: There are narrations on this topic from Abu Bakrah, Ayman bin Khuraim, and Ibn 'Umar

Abu 'Eisa said: The Hadith of Anas is a Hasan Sahih Gharib Hadith.

That the Messenger of Allah (saws) said: "Kill the elder men among the idolaters and spare the Sharkh amont them."

And the Sharkh are the boys who did not begin to grow pubic hair.

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

Hajjaj bin Artah narrated similarly from Qatadah.

Umar stood on the pulpit. He then mentioned the rest of the tradition to the same effect as mentioned before. He did not mention "that she should be killed". This version adds: "a male or a female slave". Umar then said: Allah is Most Great. Had I not heard it, we would have decided about it something else.

A man said, "O Allah's Apostle! If a man finds another man with his wife, (committing adultery) should the husband kill him?" Later on I saw them (the man and his wife) doing Li`an in the mosque (taking oaths, one accusing, and the other denying adultery).

'Uwaimir came to `Asim bin `Adi who was the chief of Bani Ajlan and said, "What do you say about a man who has found another man with his wife? Should he kill him whereupon you would kill him (i.e. the husband), or what should he do? Please ask Allah's Apostle about this matter on my behalf." `Asim then went to the Prophet and said, "O Allah's Apostle! (And asked him that question) but Allah's Apostle disliked the question," When 'Uwaimir asked `Asim (about the Prophet's answer) `Asim replied that Allah's Apostle disliked such questions and considered it shameful. "Uwaimir then said, "By Allah, I will not give up asking unless I ask Allah's Apostle about it." Uwaimir came (to the Prophet ) and said, "O Allah's Apostle! A man has found another man with his wife! Should he kill him whereupon you would kill him (the husband, in Qisas) or what should he do?" Allah's Apostle said, "Allah has revealed regarding you and your wife's case in the Qur'an "So Allah's Apostle ordered them to perform the measures of Mula'ana according to what Allah had mentioned in His Book. So 'Uwaimir did Mula'ana with her and said, "O Allah's Apostle! If I kept her I would oppress her." So 'Uwaimir divorced her and so divorce became a tradition after them for those who happened to be involved in a case of Mula'ana. Allah's Apostle then said, "Look! If she (Uwaimir's wife) delivers a black child with deep black large eyes, big hips and fat legs, then I will be of the opinion that 'Uwaimir has spoken the truth; but if she delivers a red child looking like a Wahra then we will consider that 'Uwaimir has told a lie against her." Later on she delivered a child carrying the qualities which Allah's Apostle had mentioned as a proof for 'Uwaimir's claim; therefore the child was ascribed to its mother henceforth.

Allah's Apostle sent Abu Musa and Mu`adh bin Jabal to Yemen. He sent each of them to administer a province as Yemen consisted of two provinces. The Prophet said (to them), "Facilitate things for the people and do not make things difficult for them (Be kind and lenient (both of you) with the people, and do not be hard on them) and give the people good tidings and do not repulse them. So each of them went to carry on his job. So when any one of them toured his province and happened to come near (the border of the province of) his companion, he would visit him and greet him. Once Mu`adh toured that part of his state which was near (the border of the province of) his companion Abu Musa. Mu`adh came riding his mule till he reached Abu Musa and saw him sitting, and the people had gathered around him. Behold! There was a man tied with his hands behind his neck. Mu`adh said to Abu Musa, "O `Abdullah bin Qais! What is this?" Abu Musa replied. "This man has reverted to Heathenism after embracing Islam." Mu`adh said, "I will not dismount till he is killed." Abu Musa replied, "He has been brought for this purpose, so come down." Mu`adh said, "I will not dismount till he is killed." So Abu Musa ordered that he be killed, and he was killed. Then Mu`adh dismounted and said, "O `Abdullah (bin Qais)! How do you recite the Qur'an ?" Abu Musa said, "I recite the Qur'an regularly at intervals and piecemeal. How do you recite it O Mu`adh?" Mu`adh said, "I sleep in the first part of the night and then get up after having slept for the time devoted for my sleep and then recite as much as Allah has written for me. So I seek Allah's Reward for both my sleep as well as my prayer (at night).

Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that Abu Salama ibn Abd ar-Rahman told him that Umm Sulaym bint Milhan asked the Messenger of Allah, may Allah bless him and grant him peace, for advice one time when she had begun menstruating, or had given birth to a child after she had done tawaf al-ifada on the Day of Sacrifice. The Messenger of Allah, may Allah bless him and grant him peace, gave her permission to leave.

Malik said, "A woman menstruating at Mina stays until she has done tawaf of the House. There is no escape from that for her. If she has already done the tawaf al-ifada and she starts to menstruate afterwards, she may leave for her country, since permission for the menstruating women to leave has been transmitted to us from the Messenger of Allah, may Allah bless him and grant him peace."

He added, "If a woman starts her period at Mina before she does the tawaf al-ifada, and the period lasts longer than usual, she has to stay longer than the time that bleeding would usually detain women."

We proceeded in the company of the Messenger of Allah (saws) for the battle of Dhat ar-Riqa. One of the Muslims killed the wife of one of the unbelievers. He (the husband of the woman killed) took an oath saying: I shall not rest until I kill one of the companions of Muhammad.

He went out following the footsteps of the Prophet (saws). The Prophet (saws) encamped at a certain place. He said: Who will keep a watch on us? A person from the Muhajirun (Emigrants) and another from the Ansar (Helpers) responded. He said: Go to the mouth of the mountain-pass. When they went to the mouth of the mountain-pass the man from the Muhajirun lay down while the man from the Ansar stood praying.

The man (enemy) came to them. When he saw the person he realised that he was the watchman of the Muslims. He shot him with an arrow and hit the target. But he (took the arrow out and) threw it away. He (the enemy) then shot three arrows. Then he (the Muslim) bowed and prostrated and awoke his companion. When he (the enemy) perceived that they (the Muslims) had become aware of his presence, he ran away.

When the man from the Muhajirun saw the (man from the Ansar) bleeding, he asked him: Glory be to Allah! Why did you not wake me up the first time when he shot at you.

He replied: I was busy reciting a chapter of the Qur'an. I did not like to leave it.

Amr ibn Aws and AbulSha'tha' reported that Bujalah said: I was secretary to Jaz' ibn Mu'awiyah, the uncle of Ahnaf ibn Qays.

A letter came to us from Umar one year before his death, saying: Kill every magician, separate the relatives of prohibited degrees from the Magians, and forbid them to murmur (before eating). So we killed three magicians in one day, and separated from a Magian husband his wife of a prohibited degree according to the Book of Allah.

He prepared abundant food and called them, and placed the sword on his thigh. They ate (the food) but did not murmur. They threw (on the ground) one or two mule-loads of silver. Umar did not take jizyah from Magians until AbdurRahman ibn Awf witnessed that the Messenger of Allah (saws) had taken jizyah from the Magians of Hajar.

It was narrated from Mujahid bin Jabr... and he mentioned the same Hadeeth. He said: `Umar (4) took thirty three year-old she-camels, thirty four year-old she-camels and forty she camels between the ages of five and eight years, all of which were pregnant, then he called the brother of the one who had been killed and gave them to him, not to his father. And he said: I heard the Messenger of Allah (ﷺ) say: “The killer gets nothing.`

A man came to Allah's Apostle and said, "O Allah's Apostle! Suppose a man saw another man with his wife, should he kill him whereupon you might kill him (i.e. the killer) (in Qisas) or what should he do?" So Allah revealed concerning their case what is mentioned of the order of Mula'ana. Allah's Apostle said to the man, "The matter between you and your wife has been decided." So they did Mula'ana in the presence of Allah's Apostle and I was present there, and then the man divorced his wife. So it became a tradition to dissolve the marriage of those spouses who were involved in a case of Mula'ana. The woman was pregnant and the husband denied that he was the cause of her pregnancy, so the son was (later) ascribed to her. Then it became a tradition that such a son would be the heir of his mother, and she would inherit of him what Allah prescribed for her.

The Prophet (saws) Said: The disputants should refrain from taking retaliation. The one who is nearer should forgive first and then the one who is next to him, even if (the one who forgives) were a woman.

Abu Dawud said: I have been informed that forgiving by women in the case of murder is permissible if a woman were one of the heirs (of the slain). I have been told on the authority of Abu 'Ubaid about the meaning of the word yanhajizu, that is, they should refrain from retaliation.

Yahya related to me from Malik from Abu Bakr ibn Nafi from his father Nafi, the mawla of Ibn Umar that Safiyya bint Abi Ubayd informed him that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said that when the lower garment of women was mentioned to the Messenger of Allah, he said, "She lets it down a handspan." Umm Salama said, "If it leaves her uncovered?" He said, "Then the length of a forearm and let her not increase it."

(regarding His Statement): 'They ask your instruction concerning the women. Say: Allah instructs you about them ...' (4.127) It is about the female orphan who is under the guardianship of a man with whom she shares her property and he does not want to marry her and dislikes that someone else should marry her, lest he should share the property with him, so he prevents her from marrying. So Allah forbade such a guardian to do so (i.e. to prevent her from marrying).

Regarding the Qur'anic Verse: 'O you who believe! You are forbidden to inherit women against their will.' (4.19) The custom (in the Pre-lslamic Period) was that if a man died, his relatives used to have the right to inherit his wife, and if one of them wished, he could marry her, or they could marry her to somebody else, or prevent her from marrying if they wished, for they had more right to dispose of her than her own relatives. Therefore this Verse was revealed concerning this matter.

`Aisha said, "Once Allah's Apostle delayed the `Isha' prayer till `Umar reminded him by saying, "The prayer!" The women and children have slept. Then the Prophet came out and said, 'None amongst the dwellers of the earth has been waiting for it (the prayer) except you." `Urwa said, "Nowhere except in Medina the prayer used to be offered (in those days)." He further said, "The Prophet used to offer the `Isha' prayer in the period between the disappearance of the twilight and the end of the first third of the night."

My father said, "When Allah's Apostle became seriously ill, he was told about the prayer. He said, 'Tell Abu Bakr to lead the people in the prayer.' `Aisha said, 'Abu Bakr is a softhearted man and he would be overpowered by his weeping if he recited the Qur'an.' He said to them, 'Tell him (Abu Bakr) to lead the prayer. The same reply was given to him. He said again, 'Tell him to lead the prayer. You (women) are the companions of Joseph."

One of the wives of `Umar (bin Al-Khattab) used to offer the Fajr and the `Isha' prayer in congregation in the Mosque. She was asked why she had come out for the prayer as she knew that `Umar disliked it, and he has great ghaira (self-respect). She replied, "What prevents him from stopping me from this act?" The other replied, "The statement of Allah's Apostle : 'Do not stop Allah's women-slaves from going to Allah's Mosques' prevents him."

I did not feel jealous of any of the wives of the Prophet as much as I did of Khadija though I did not see her, but the Prophet used to mention her very often, and when ever he slaughtered a sheep, he would cut its parts and send them to the women friends of Khadija. When I sometimes said to him, "(You treat Khadija in such a way) as if there is no woman on earth except Khadija," he would say, "Khadija was such-and-such, and from her I had children."

I heard the Messenger of Allah (saws) say when they (messengers sent by Musaylimah) read the letter of Musaylimah: What do you believe yourselves? They said: We believe as he believes. He said: I swear by Allah that were it not that messengers are not killed, I would cut off your heads.

The verse "If a man kills a believer intentionally, his recompense is Hell to abide therein for ever" was revealed six months after the verse "And those who invoke not with Allah any other god, nor slay such life as Allah has made sacred, except for just cause in Surat al-Furqan.

Abdullah ibn AbuSarh used to write (the revelation) for the Messenger of Allah (saws). Satan made him slip, and he joined the infidels. The Messenger of Allah (saws) commanded to kill him on the day of Conquest (of Mecca). Uthman ibn Affan sought protection for him. The Messenger of Allah (saws) gave him protection.

The first Sura in which a prostration was mentioned, was Sura An-Najm (The Star). Allah's Apostle prostrated (while reciting it), and everybody behind him prostrated except a man whom I saw taking a hand-full of dust in his hand and prostrated on it. Later I saw that man killed as an infidel, and he was Umaiya bin Khalaf.

I heard the Prophet saying, "In the last days (of the world) there will appear young people with foolish thoughts and ideas. They will give good talks, but they will go out of Islam as an arrow goes out of its game, their faith will not exceed their throats. So, wherever you find them, kill them, for there will be a reward for their killers on the Day of Resurrection."

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "If someone dedicates an animal voluntarily and then it is injured and he kills it and gives everyone a free hand in eating it, he owes nothing. If, however, he eats some of it himself, or tells certain other people to eat it, then he owes compensation."

A man was killed by his camel while we were with the Prophet and he was a Muhrim. So the Prophet said, "Wash him with water and Sidr and shroud him in two pieces of cloth and neither perfume him nor cover his head, for Allah will resurrect him on the Day of Resurrection and he will be saying 'Labbaik' . "