on the authority of his father that he had asked `Aisha about the saying of Ibn `Umar (i.e. he did not like to be a Muhrim while the smell of scent was still coming from his body). `Aisha said, "I scented Allah's Apostle and he went round (had sexual intercourse with) all his wives, and in the morning he was Muhrim (after taking a bath)."

Whenever Ibn `Umar intended to go to Mecca he used to oil himself with a sort of oil that had no pleasant smell, then he would go to the Mosque of Al-Hulaita and offer the prayer, and then ride. When he mounted well on his Mount and the Mount stood up straight, he would proclaim the intention of assuming Ihram, and he used to say that he had seen the Prophet doing the same.

Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn Yazid informed him that Umar ibn al-Khattab came out to them. He said, "I have found the smell of wine on so-and-so, and he claimed that it was the drink of boiled fruit juice, and I am inquiring about what he has drunk. If it intoxicates, I will flog him." Umar then flogged him with the complete hadd.

Yahya related to me from Malik from Hisham ibn Urwa from his father that Asma bint Abi Bakr had worn clothes that were completely dyed with safflower while she was in ihram, though there was not any saffron in them.

Yahya said that Malik was asked if a garment which had been perfumed could be used for ihram if the smell of the perfume had gone, and he said, "Yes, as long as there is no saffron or yellow dye in it."

I was present when a man asked Ibn `Umar about the blood of mosquitoes. Ibn `Umar said, "From where are you?" The man replied. "From Iraq." Ibn `Umar said, "Look at that! he is asking me about the blood of Mosquitoes while they (the Iraqis ) have killed the (grand) son of the Prophet. I have heard the Prophet saying, "They (Hasan and Husain) are my two sweet-smelling flowers in this world."

That the Messenger of Allah (saws) said: "Indeed Ash-Shaitan has a sense of taste, for which he licks, so beware of him. So whoever spends the night with [a smell] on his hand and something happens to him, then let him not blame anyone but himself."

[Abu 'Eisa said:] This Hadith is Gharib from this route. It has also been reported in a narration of Suhail bin Abi Salih, from his father, from Abu Hurairah, from the Prophet (saws).

Allah's Apostle said, "The first group of people who will enter Paradise, will be glittering like the full moon and those who will follow them, will glitter like the most brilliant star in the sky. They will not urinate, relieve nature, spit, or have any nasal secretions. Their combs will be of gold, and their sweat will smell like musk. The aloes-wood will be used in their centers. Their wives will be houris. All of them will look alike and will resemble their father Adam (in stature), sixty cubits tall."

Once Allah's Apostle went to Al-Batha' at noon, performed the ablution and offered' a two rak`at Zuhr prayer and a two-rak`at `Asr prayer while a spearheaded stick was planted before him and the passersby were passing in front of it. (After the prayer), the people got up and held the hands of the Prophet and passed them on their faces. I also took his hand and kept it on my face and noticed that it was colder than ice, and its smell was nicer than musk.

Abu Dawud said: Maghafir is a gum ; jarasat means ate; ’urfut is a bees ‘ plant.

Allah's Apostle said, "The first group (of people) who will enter Paradise will be (glittering) like the moon when it is full. They will not spit or blow their noses or relieve nature. Their utensils will be of gold and their combs of gold and silver; in their centers the aloe wood will be used, and their sweat will smell like musk. Everyone of them will have two wives; the marrow of the bones of the wives' legs will be seen through the flesh out of excessive beauty. They ( i.e. the people of Paradise) will neither have differences nor hatred amongst themselves; their hearts will be as if one heart and they will be glorifying Allah in the morning and in the evening."

Allah's Apostle said, "Who is willing to kill Ka`b bin Al-Ashraf who has hurt Allah and His Apostle?" Thereupon Muhammad bin Maslama got up saying, "O Allah's Apostle! Would you like that I kill him?" The Prophet said, "Yes," Muhammad bin Maslama said, "Then allow me to say a (false) thing (i.e. to deceive Ka`b). "The Prophet said, "You may say it." Then Muhammad bin Maslama went to Ka`b and said, "That man (i.e. Muhammad demands Sadaqa (i.e. Zakat) from us, and he has troubled us, and I have come to borrow something from you." On that, Ka`b said, "By Allah, you will get tired of him!" Muhammad bin Maslama said, "Now as we have followed him, we do not want to leave him unless and until we see how his end is going to be. Now we want you to lend us a camel load or two of food." (Some difference between narrators about a camel load or two.) Ka`b said, "Yes, (I will lend you), but you should mortgage something to me." Muhammad bin Mas-lama and his companion said, "What do you want?" Ka`b replied, "Mortgage your women to me." They said, "How can we mortgage our women to you and you are the most handsome of the 'Arabs?" Ka`b said, "Then mortgage your sons to me." They said, "How can we mortgage our sons to you? Later they would be abused by the people's saying that so-and-so has been mortgaged for a camel load of food. That would cause us great disgrace, but we will mortgage our arms to you." Muhammad bin Maslama and his companion promised Ka`b that Muhammad would return to him. He came to Ka`b at night along with Ka`b's foster brother, Abu Na'ila. Ka`b invited them to come into his fort, and then he went down to them. His wife asked him, "Where are you going at this time?" Ka`b replied, "None but Muhammad bin Maslama and my (foster) brother Abu Na'ila have come." His wife said, "I hear a voice as if dropping blood is from him, Ka`b said. "They are none but my brother Muhammad bin Maslama and my foster brother Abu Naila. A generous man should respond to a call at night even if invited to be killed." Muhammad bin Maslama went with two men. (Some narrators mention the men as 'Abu bin Jabr. Al Harith bin Aus and `Abbad bin Bishr). So Muhammad bin Maslama went in together with two men, and sail to them, "When Ka`b comes, I will touch his hair and smell it, and when you see that I have got hold of his head, strip him. I will let you smell his head." Ka`b bin Al-Ashraf came down to them wrapped in his clothes, and diffusing perfume. Muhammad bin Maslama said. " have never smelt a better scent than this. Ka`b replied. "I have got the best 'Arab women who know how to use the high class of perfume." Muhammad bin Maslama requested Ka`b "Will you allow me to smell your head?" Ka`b said, "Yes." Muhammad smelt it and made his companions smell it as well. Then he requested Ka`b again, "Will you let me (smell your head)?" Ka`b said, "Yes." When Muhammad got a strong hold of him, he said (to his companions), "Get at him!" So they killed him and went to the Prophet and informed him. (Abu Rafi`) was killed after Ka`b bin Al-Ashraf."

While we were in the city of Hims (in Syria), Ibn Mas`ud recited Surat Yusuf. A man said to him), "It was not revealed in this way." Then Ibn Mas`ud said, "I recited it in this way before Allah's Apostle and he confirmed my recitation by saying, 'Well done!' " Ibn Mas`ud detected the smell of wine from the man's mouth, so he said to him, "Aren't you ashamed of telling a lie about Allah's Book and (along with this) you drink alcoholic liquors too?" Then he lashed him according to the law.

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By the One in Whose hand my self is, the smell of the breath of a man fasting is better with Allah than the scent of musk.' He leaves his desires and his food and drink for My sake. Fasting is for Me and I reward it. Every good action is rewarded by ten times its kind, up to seven hundred times, except fasting, which is for Me, and I reward it.' "

Allah's Apostle said, "The first batch (of people) who will enter Paradise will be (glittering) like a full moon; and those who will enter next will be (glittering) like the brightest star. Their hearts will be as if the heart of a single man, for they will have no enmity amongst themselves, and everyone of them shall have two wives, each of whom will be so beautiful, pure and transparent that the marrow of the bones of their legs will be seen through the flesh. They will be glorifying Allah in the morning and evening, and will never fall ill, and they will neither blow their noses, nor spit. Their utensils will be of gold and silver, and their combs will be of gold, and the fuel used in their centers will be the aloeswood, and their sweat will smell like musk."

The Prophet said, "Whoever has eaten garlic or onion, should keep away from us, or should keep away from our mosque and should stay at home." Ibn Wahb said, "Once a plate full of cooked vegetables was brought to the Prophet at Badr. Detecting a bad smell from it, he asked about the dish and was informed of the kinds of vegetables in contained. He then said, "Bring it near," and so it was brought near to one of his companions who was with him. When the Prophet saw it, he disliked eating it and said (to his companion), "Eat, for I talk in secret to ones whom you do not talk to."

The Prophet said, "Whoever eats garlic or onion should keep away from our mosque or should remain in his house." (Jabir bin `Abdullah, in another narration said, "Once a big pot containing cooked vegetables was brought. On finding unpleasant smell coming from it, the Prophet asked, 'What is in it?' He was told all the names of the vegetables that were in it. The Prophet ordered that it should be brought near to some of his companions who were with him. When the Prophet saw it he disliked to eat it and said, 'Eat. (I don't eat) for I converse with those whom you don't converse with (i.e. the angels).

We went with Allah's Apostle (p.b.u.h) to the blacksmith Abu Saif, and he was the husband of the wet-nurse of Ibrahim (the son of the Prophet). Allah's Apostle took Ibrahim and kissed him and smelled him and later we entered Abu Saif's house and at that time Ibrahim was in his last breaths, and the eyes of Allah's Apostle (p.b.u.h) started shedding tears. `Abdur Rahman bin `Auf said, "O Allah's Apostle, even you are weeping!" He said, "O Ibn `Auf, this is mercy." Then he wept more and said, "The eyes are shedding tears and the heart is grieved, and we will not say except what pleases our Lord, O Ibrahim ! Indeed we are grieved by your separation."

The Prophet (saws) said: When one of you prays, and he does not know whether he prayed more or less rak'ahs (than those prescribed by the Shari'ah), he should perform two prostrations while he is sitting. If the devil comes to him, and tells him (suggests him): "You have been defiled," he should say: "You have told a lie," except that he feels smell with his nose, or sound with his ears (then his ablution will break). These are the wording; of the tradition reported by Aban.

Abu Dawud said: Ma'mar and 'Abi b. al-Mubarak mentioned the name "Iyad b. Hilal and al-Awza'i mentioned the name of Iyad b. Abi Zuhair.

From his father who said: "A man wearing an iron ring came to the Prophet (saws). So he said to him: 'What is this I see on you, jewelry of the people of the Fire ?' Then he came wearing a ring of brass. So he said: 'What is this smell of idols I sense on you ?' Then he came wearing a ring of gold. So he said to him: 'What is this jewelry of the people of Paradise I see on you ?' So he said: 'What should I use then ?' He said: 'From silver, but not its entire weight."

[Abu 'Eisa said:] This Hadith is Gharib and there are narrations on this topic from 'Abdullah bin 'Amr, and 'Abdullah bin Muslim's Kunyah is Abu Taibah, and he is from Al-Marwaz.

His uncle (Anas bin An-Nadr) was absent from the battle of Badr and he said, "I was absent from the first battle of the Prophet (i.e. Badr battle), and if Allah should let me participate in (a battle) with the Prophet, Allah will see how strongly I will fight." So he encountered the day of Uhud battle. The Muslims fled and he said, "O Allah ! I appeal to You to excuse me for what these people (i.e. the Muslims) have done, and I am clear from what the pagans have done." Then he went forward with his sword and met Sad bin Mu'adh (fleeing), and asked him, "Where are you going, O Sad? I detect a smell of Paradise before Uhud." Then he proceeded on and was martyred. No-body was able to recognize him till his sister recognized him by a mole on his body or by the tips of his fingers. He had over 80 wounds caused by stabbing, striking or shooting with arrows.

When Allah's Apostle emigrated to Medina, Abu Bakr and Bilal got a fever. I entered upon them and asked, "O my father! How are you? O Bilal! How are you?" Whenever fever attacked Abu Bakr, he would recite the following poetic verses: 'Everybody is staying alive among his people, yet death is nearer to him than his shoe laces." And whenever the fever deserted Bilal, he would recite (two poetic lines): 'Would that I could stay overnight in a valley wherein I would be surrounded by Idhkhir and Jalil (two kinds of good smelling grass). Would that one day I would drink of the water of Majinna and would that Shama and Tafil (two mountains at Mecca) would appear to me.' Then I came and informed Allah's Apostle about that, whereupon he said, "O Allah! Make us love Medina as much or more than we love Mecca. O Allah! Make it healthy and bless its Mudd and Sa for us, and take away its fever and put it in Al Juhfa."

When Allah's Apostle emigrated to Medina, Abu Bakr and Bilal had a fever. I entered upon them and said, "O my father! How are you? O Bilal! How are you?" Whenever Abu Bakr got the fever he used to say, "Everybody is staying alive with his people, yet death is nearer to him than his shoe laces." And when fever deserted Bilal, he would recite (two poetic verses): "Would that I could stay overnight in a valley wherein I would be surrounded by Idhkhir and Jalil (two kinds of good smelling grass). Would that one day I could drink of the water of Majinna, and would that Shama and Tafil (two mountains at Mecca) would appear to me!" I went to Allah's Apostle and informed him about that. He said, "O Allah! Make us love Medina as much or more than we love Mecca, and make it healthy, and bless its Sa and its Mudd, and take away its fever and put it in Al-Juhfa." (See Hadith No 558) .

Al-Aqra', the mu'adhdhin (announcer) of Umar ibn al-Khattab said: Umar sent me to a bishop and I called him.

Umar said to him: Do you find me in the Book? He said: Yes. He asked: How do you find me? He said: I find you (like a) castle. Then he raised a whip to him, saying: What do you mean by castle? He replied: An iron castle and severely trustworthy. He asked: How do you find the one who will come after me? He said: I find him a pious caliph, except that he will prefer his relatives. Umar said: May Allah have mercy on Uthman: He said it three times. He then asked: How do you find the one who will come after him?

He replied: I find him like rusty iron. Umar then put his hand on his head, and said: O filthy! O filthy! He said: Commander of the Faithful! He is a pious caliph, but when he is made caliph, the sword will be unsheathed and blood will be shed.

Abu Dawud said: Al-dafr means filth or evil smell.

I was with Ali (may Allah be pleased with him) when the Messenger of Allah (saws) appointed him to be the governor of the Yemen. I collected some ounces of gold during my stay with him.

When Ali returned from the Yemen to the Messenger of Allah (saws) he said: I found that Fatimah had put on coloured clothes and the smell of the perfume she had used was pervading the house. (He expressed his amazement at the use of coloured clothes and perfume.)

She said: What is wrong with you? The Messenger of Allah (saws) has ordered his companions to put off their ihram and they did so.

Ali said: I said to her: I raised my voice in talbiyah for which the Prophet (saws) raised his voice (i.e. I wore ihram for qiran). Then I came to the Prophet (saws).

He asked (me): How did you do? I replied: I raised my voice in talbiyah, for which the Prophet (saws) raised his voice. He said: I have brought the sacrificial animals with me and combined umrah and hajj. He said to me: Sacrifice sixty-seven or sixty-six camels (for me) and withhold for yourself thirty-three or thirty-four, and withhold a piece (of flesh) for me from every camel.

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

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.

He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.

AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.

The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.

My uncle Anas bin An-Nadr was absent from the Battle of Badr. He said, "O Allah's Apostle! I was absent from the first battle you fought against the pagans. (By Allah) if Allah gives me a chance to fight the pagans, no doubt. Allah will see how (bravely) I will fight." On the day of Uhud when the Muslims turned their backs and fled, he said, "O Allah! I apologize to You for what these (i.e. his companions) have done, and I denounce what these (i.e. the pagans) have done." Then he advanced and Sa`d bin Mu`adh met him. He said "O Sa`d bin Mu`adh ! By the Lord of An-Nadr, Paradise! I am smelling its aroma coming from before (the mountain of) Uhud," Later on Sa`d said, "O Allah's Apostle! I cannot achieve or do what he (i.e. Anas bin An-Nadr) did. We found more than eighty wounds by swords and arrows on his body. We found him dead and his body was mutilated so badly that none except his sister could recognize him by his fingers." We used to think that the following Verse was revealed concerning him and other men of his sort: "Among the believers are men who have been true to their covenant with Allah.........." (33.23) His sister Ar-Rubbaya' broke a front tooth of a woman and Allah's Apostle ordered for retaliation. On that Anas (bin An-Nadr) said, "O Allah's Apostle! By Him Who has sent you with the Truth, my sister's tooth shall not be broken." Then the opponents of Anas's sister accepted the compensation and gave up the claim of retaliation. So Allah's Apostle said, "There are some people amongst Allah's slaves whose oaths are fulfilled by Allah when they take them."

Eleven women sat (at a place) and promised and contracted that they would not conceal anything of the news of their husbands. The first one said, "My husband is like the meat of a slim weak camel which is kept on the top of a mountain which is neither easy to climb, nor is the meat fat, so that one might put up with the trouble of fetching it." The second one said, "I shall not relate my husband's news, for I fear that I may not be able to finish his story, for if I describe him, I will mention all his defects and bad traits." The third one said, "My husband, the "too-tall"! if I describe him (and he hears of that) he will divorce me, and if I keep quiet, he will keep me hanging (neither divorcing me nor treating me as a wife)." The fourth one said, "My husband is (moderate in temper) like the night of Tihama: neither hot nor cold; I am neither afraid of him, nor am I discontented with him." The fifth one said, "My husband, when entering (the house) is a leopard (sleeps a lot), and when going out, is a lion (boasts a lot). He does not ask about whatever is in the house." The sixth one said, "If my husband eats, he eats too much (leaving the dishes empty), and if he drinks he leaves nothing; if he sleeps he sleeps he rolls himself (alone in our blankets); and he does not insert his palm to inquire about my feelings." The seventh one said, "My husband is a wrong-doer or weak and foolish. All the defects are present in him. He may injure your head or your body or may do both." The eighth one said, "My husband is soft to touch like a rabbit and smells like a Zarnab (a kind of good smelling grass)." The ninth one said, "My husband is a tall generous man wearing a long strap for carrying his sword. His ashes are abundant (i.e. generous to his guests) and his house is near to the people (who would easily consult him)." The tenth one said, "My husband is Malik (possessor), and what is Malik? Malik is greater than whatever I say about him. (He is beyond and above all praises which can come to my mind). Most of his camels are kept at home (ready to be slaughtered for the guests) and only a few are taken to the pastures. When the camels hear the sound of the lute (or the tambourine) they realize that they are going to be slaughtered for the guests." The eleventh one said, "My husband is Abu Zar` and what is Abu Zar` (i.e., what should I say about him)? He has given me many ornaments and my ears are heavily loaded with them and my arms have become fat (i.e., I have become fat). And he has pleased me, and I have become so happy that I feel proud of myself. He found me with my family who were mere owners of sheep and living in poverty, and brought me to a respected family having horses and camels and threshing and purifying grain. Whatever I say, he does not rebuke or insult me. When I sleep, I sleep till late in the morning, and when I drink water (or milk), I drink my fill. The mother of Abu Zar and what may one say in praise of the mother of Abu Zar? Her saddle bags were always full of provision and her house was spacious. As for the son of Abu Zar, what may one say of the son of Abu Zar? His bed is as narrow as an unsheathed sword and an arm of a kid (of four months) satisfies his hunger. As for the daughter of Abu Zar, she is obedient to her father and to her mother. She has a fat well-built body and that arouses the jealousy of her husband's other wife. As for the (maid) slave girl of Abu Zar, what may one say of the (maid) slavegirl of Abu Zar? She does not uncover our secrets but keeps them, and does not waste our provisions and does not leave the rubbish scattered everywhere in our house." The eleventh lady added, "One day it so happened that Abu Zar went out at the time when the milk was being milked from the animals, and he saw a woman who had two sons like two leopards playing with her two breasts. (On seeing her) he divorced me and married her. Thereafter I married a noble man who used to ride a fast tireless horse and keep a spear in his hand. He gave me many things, and also a pair of every kind of livestock and said, Eat (of this), O Um Zar, and give provision to your relatives." She added, "Yet, all those things which my second husband gave me could not fill the smallest utensil of Abu Zar's." `Aisha then said: Allah's Apostle said to me, "I am to you as Abu Zar was to his wife Um Zar."

Yahya related to me from Malik from Yahya ibn Said from Amr ibn Kathir ibn Aflah from Abu Muhammad, the mawla of Abu Qatada that Abu Qatada ibn Ribi said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hunayn. When the armies met, the Muslims were put in disarray. I saw a man from the idol worshippers who had got the better of one of the Muslims, so I circled round and came up behind him, and struck him with a sword on his shoulder-blade. He turned to me and grabbed me so hard that I felt the smell of death in it. Then death overcame him, and he let go of me."

He continued, "I met Umar ibn al-Khattab and said to him, 'What's going on with the people?' He replied, 'The Command of Allah.' Then the people took hold of the battle and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' and then I sat down. The Messenger of Allah repeated, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' then I sat down. Then he repeated his statement a third time, so I stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'What's the matter with you, Abu Qatada?' So I related my story to him. A man said, 'He has spoken the truth, Messenger of Allah. I have the effects of that slain person with me, so give him compensation for it, Messenger of Allah.'

Abu Bakr said, 'No, by Allah! He did not intend that one of the lions of Allah should fight for Allah and His Messenger and then give you his spoils.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He has spoken the truth, hand it over to him.' He gave it to me, and I sold the breast-plate and I bought a garden in the area of the Banu Salima with the money. It was my first property, and I acquired it in Islam."

I got a she-camel in my share of the war booty on the day (of the battle) of Badr, and the Prophet had given me a she-camel from the Khumus. When I intended to marry Fatima, the daughter of Allah's Apostle, I had an appointment with a goldsmith from the tribe of Bani Qainuqa' to go with me to bring Idhkhir (i.e. grass of pleasant smell) and sell it to the goldsmiths and spend its price on my wedding party. I was collecting for my she-camels equipment of saddles, sacks and ropes while my two shecamels were kneeling down beside the room of an Ansari man. I returned after collecting whatever I collected, to see the humps of my two she-camels cut off and their flanks cut open and some portion of their livers was taken out. When I saw that state of my two she-camels, I could not help weeping. I asked, "Who has done this?" The people replied, "Hamza bin `Abdul Muttalib who is staying with some Ansari drunks in this house." I went away till I reached the Prophet and Zaid bin Haritha was with him. The Prophet noticed on my face the effect of what I had suffered, so the Prophet asked. "What is wrong with you." I replied, "O Allah's Apostle! I have never seen such a day as today. Hamza attacked my two she-camels, cut off their humps, and ripped open their flanks, and he is sitting there in a house in the company of some drunks." The Prophet then asked for his covering sheet, put it on, and set out walking followed by me and Zaid bin Haritha till he came to the house where Hamza was. He asked permission to enter, and they allowed him, and they were drunk. Allah's Apostle started rebuking Hamza for what he had done, but Hamza was drunk and his eyes were red. Hamza looked at Allah's Apostle and then he raised his eyes, looking at his knees, then he raised up his eyes looking at his umbilicus, and again he raised up his eyes look in at his face. Hamza then said, "Aren't you but the slaves of my father?" Allah's Apostle realized that he was drunk, so Allah's Apostle retreated, and we went out with him.

[Muslim].

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."