that he heard Allah's Apostle saying, "(Moses) said, 'Call me not to account for what I forget and be not hard upon me for my affair (with you)' (18.73) the first excuse of Moses was his forgetfulness."

Abu Bakr asked the Prophet to allow him to go out (of Mecca) when he was greatly annoyed (by the infidels). But the Prophet said to him, ''Wait." Abu Bakr said, O Allah's Apostle! Do you hope that you will be allowed (to migrate)?" Allah's Apostle replied, "I hope so." So Abu Bakr waited for him till one day Allah's Apostle came at noon time and addressed him saying "Let whoever is present with you, now leave you." Abu Bakr said, "None is present but my two daughters." The Prophet said, "Have you noticed that I have been allowed to go out (to migrate)?" Abu Bakr said, "O Allah's Apostle, I would like to accompany you." The Prophet said, "You will accompany me." Abu Bakr said, "O Allah's Apostle! I have got two she-camels which I had prepared and kept ready for (our) going out." So he gave one of the two (she-camels) to the Prophet and it was Al-Jad`a . They both rode and proceeded till they reached the Cave at the mountain of Thaur where they hid themselves. Amir bin Fuhaira was the slave of `Abdullah bin at-Tufail bin Sakhbara `Aisha's brother from her mother's side. Abu Bakr had a milch she-camel. Amir used to go with it (i.e. the milch she-camel) in the afternoon and come back to them before noon by setting out towards them in the early morning when it was still dark and then he would take it to the pasture so that none of the shepherds would be aware of his job. When the Prophet (and Abu Bakr) went away (from the Cave), he (i.e. 'Amir) too went along with them and they both used to make him ride at the back of their camels in turns till they reached Medina. 'Amir bin Fuhaira was martyred on the day of Bir Ma'una. Narrated `Urwa: When those (Muslims) at Bir Ma'una were martyred and `Amr bin Umaiya Ad- Damri was taken prisoner, 'Amir bin at-Tufail, pointing at a killed person, asked `Amr, "Who is this?" `Amr bin Umaiya said to him, "He is 'Amir bin Fuhaira." 'Amir bin at-Tufail said, "I saw him lifted to the sky after he was killed till I saw the sky between him and the earth, and then he was brought down upon the earth. Then the news of the killed Muslims reached the Prophet and he announced the news of their death saying, "Your companions (of Bir Ma'una) have been killed, and they have asked their Lord saying, 'O our Lord! Inform our brothers about us as we are pleased with You and You are pleased with us." So Allah informed them (i.e. the Prophet and his companions) about them (i.e. martyrs of Bir Mauna). On that day, `Urwa bin Asma bin As-Salt who was one of them, was killed, and `Urwa (bin Az- Zubair) was named after `Urwa bin Asma and Mundhir (bin AzZubair) was named after Mundhir bin `Amr (who had also been martyred on that day).

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

The Messenger of Allah (saws) appointed AbuBakr our commander and we fought with some people who were polytheists, and we attacked them at night, killing them. Our war-cry that night was "put to death; put to death." Salamah said: I killed that night with my hand polytheists belonging to seven houses.

I went to help that man (i.e., `Ali), and on the way I met Abu Bakra who asked me, "Where are you going?" I replied, "I am going to help that man." He said, "Go back, for I heard Allah's Apostle saying, 'If two Muslims meet each other with their swords then (both) the killer and the killed one are in the (Hell) Fire.' I said, 'O Allah's Apostle! It is alright for the killer, but what about the killed one?' He said, 'The killed one was eager to kill his opponent."

I was among the captives of Banu Qurayzah. They (the Companions) examined us, and those who had begun to grow hair (pubes) were killed, and those who had not were not killed. I was among those who had not grown hair.

Yahya related to me from Malik from Yahya ibn Said that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him, "Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman."

Malik said about an adult and a child when they murder a man together, "The adult is killed and the child pays half the full blood-money."

Malik said, "It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value."

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

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

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

That a woman was found killed in one of the expeditions of the Messenger of Allah (saws), so the Messenger of Allah (saws) rebuked that, and he prohibited killing women and children.

There are narrations on this topic from Buraidah and Rabah - and they say he was Riyah - bin Ar-Rabi', Al-Aswad bin Sari', Ibn 'Abbas, and As-Sa'b bin Jaththamah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They disliked killing women and children. This is the view of Sufyan Ath-Thawri and Ash-Shafi'i.

Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Ahmad and Ishaq, they permitted it in night attacks.

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."

Urwah reported on the authority of his father that Abdullah ibn al-Arqam travelled for performing hajj (pilgrimage) or umrah. He was accompanied by the people whom he led in prayer. One day when he was leading them in the dawn (fajr) prayer, he said to them: One of you should come forward. He then went away to relieve himself. He said: I heard the Messenger of Allah (saws) say: When any of you feels the need of relieving himself while the congregational prayer is ready, he should go to relieve himself.

An ally of Bani Zuhra who took part in the battle of Badr with the Prophet, that he said, "O Allah's Apostle! If I meet an unbeliever and we have a fight, and he strikes my hand with the sword and cuts it off, and then takes refuge from me under a tree, and says, 'I have surrendered to Allah (i.e. embraced Islam),' may I kill him after he has said so?" Allah's Apostle said, "Do not kill him." Al- Miqdad said, "But O Allah's Apostle! He had chopped off one of my hands and he said that after he had cut it off. May I kill him?" The Prophet said. "Do not kill him for if you kill him, he would be in the position in which you had been before you kill him, and you would be in the position in which he was before he said the sentence." The Prophet also said to Al-Miqdad, "If a faithful believer conceals his faith (Islam) from the disbelievers, and then when he declares his Islam, you kill him, (you will be sinful). Remember that you were also concealing your faith (Islam) at Mecca before."

A man of Kindah and a man of Hadramawt brought their dispute to the Prophet (saws) about a land in the Yemen. Al-Hadrami said: Messenger of Allah, the father of this (man) usurped my land and it is in his possession.

The Prophet asked: Have you any evidence?

Al-Hadrami replied: No, but I make him swear (that he should say) that he does not know that it is my land which his father usurped from me.

Al-Kindi became ready to take the oath.

The Messenger of Allah (saws) said: If anyone usurps the property by taking an oath, he will meet Allah while his hand is mutilated.

Al-Kindi then said: It is his land.

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab told people to kill snakes in the Haram.

Malik said, about the "wild dogs" which people were told to kill in the Haram, that any animals that wounded, attacked, or terrorised men, such as lions, leopards, Iynxes and wolves, were counted as"wild dogs." However, someone who was in ihram should not kill beasts of prey that did not attack (people), such as hyenas, foxes, cats and anything else like them, and if he did then he had to pay a forfeit for it. Similarly, someone in ihram should not kill any predatory birds except the kinds that the Prophet, may Allah bless him and grant him peace, specified, namely crows and kites. If someone in ihram killed any other kind of bird he had to pay a forfeit for it.

Ka'b ibn Malik said to AbuLubabah; or someone else whom Allah wished; or to the Prophet (saws): To make my repentance complete I should depart from the house of my people in which I fell into sin, and that I should divest myself of all my property as sadaqah (alms). He said: A third (of your property) will be sufficient for you.

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Sheep from the zakat were brought past Umar ibn al-Khattab and he saw amongst them a sheep with a large udder, ready to give milk, and he said, 'What is this sheep doing here?' and they replied, 'It is one of the sheep from the zakat.' Umar said, 'The owners did not give this sheep willingly. Do not subject people to trials. Do not take from the muslims those of their animals which are the best food-producers.' "

Allah's Apostle said, When the funeral is ready and the men carry it on their shoulders, if the deceased was righteous it will say, 'Present me (hurriedly),' and if he was not righteous, it will say, 'Woe to it (me)! Where are they taking it (me)?' Its voice is heard by everything except man and if he heard it he would fall unconscious."

The Prophet said, "When a funeral is ready and the men carry the deceased on their necks (shoulders), if it was pious then it will say, 'Present me quickly', and if it was not pious, then it will say, 'Woe to it (me), where are they taking it (me)?' And its voice is heard by everything except mankind and if he heard it he would fall unconscious."

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab killed five or seven people for one man whom they had killed secretly by trickery. Umar said, "Had all the people of Sana joined forces against him, I would have killed them all."

Allah's Apostle sent ten persons to bring the enemy's secrets and Khubaib Al-Ansari was one of them. 'Ubaidullah bin 'Iyad told me that the daughter of Al-Harith told him that when they gathered (to kill Khubaib Al Ansari) he asked for a razor to clean his pubic region, and when they had taken him outside the sanctuary of Mecca in order to kill him, he said in verse, "I don't care if I am killed as a Muslim, on any side (of my body) I may be killed in Allah's Cause; for that is for the sake of Allah's very Self; and if He will, He will bestow His Blessings upon the torn pieces of my body." Then Ibn Al-Harith killed him, and the Prophet informed his companions of the death of those (ten men) on the very day they were killed.

Abu Dawud said: This tradition has been narrated by Yunus from Ibn Shihab from some of the children of al-Sa'ib son of Abu Lubabah. A similar tradition has also been transmitted by al-Zabidi from al-Zuhri from Husain b. al-Sa'ib son of Abu Lubabah.

The Prophet (saws) said: He who is killed while protecting his property is a martyr, and he who is killed while defending his family, or his blood, or his religion is a martyr.

That he heard the Prophet delivering a sermon on the pulpit saying, "Kill snakes and kill Dhu-at- Tufyatain (i.e. a snake with two white lines on its back) and Al-Abtar (i.e. a snake with short or mutilated tail) for they destroy the sight of one's eyes and bring about abortion." (`Abdullah bin `Umar further added): Once while I was chasing a snake in order, to kill it, Abu Lubaba called me saying: "Don't kill it," I said. "Allah's Apostle ordered us to kill snakes." He said, "But later on he prohibited the killing of snakes living in the houses." (Az-Zuhri said. "Such snakes are called Al-Awamir.")

I came to the Prophet at a place called Al-Batha'. The Prophet said, "Did you assume the Ihram for Hajj?" I said, "Yes," He said, "How did you express your intention (for performing Hajj)? " I said, "Labbaik (i.e. I am ready) to assume the Ihram with the same intention as that of Allah's Apostle." The Prophet said, "Perform the Tawaf around the Ka`ba and between Safa and Marwa, and then finish your Ihram." So I performed the Tawaf around the Ka`ba and between Safa and Marwa and then I came to a woman from the tribe of Qais who removed the lice from my head.

The Prophet (saws) sent a physician to Ubayy (ibn Ka'b), and he cut his vein.

When we were with the Messenger of Allah (saws) on an expedition, he saw some people collected together over something and sent a man and said: See, what are these people collected around? He then came and said: They are round a woman who has been killed. He said: This is not one with whom fighting should have taken place. Khalid ibn al-Walid was in charge of the van; so he sent a man and said: Tell Khalid not to kill a woman or a hired servant.

On the authority of his father: Umm Mubashshir said to the Prophet (saws) during the sickness of which he died: What do you think about your illness, Messenger of Allah (saws)? I do not think about the illness of my son except the poisoned sheep of which he had eaten with you at Khaybar. The Prophet (saws) said: And I do not think about my illness except that. This is the time when it cut off my aorta.

Abu Dawud said: Sometime 'Abd al-Razzaq transmitted this tradition, omitting the link of the Companion, from Ma'mar, from al-Zuhri, from the Prophet (saws), and sometimes he transmitted it from al-Zuhri from 'Abd al-Rahman b. Ka'b b. Malik, 'Abd al-Rahman mentioned that Ma'mar sometimes transmitted the tradition in a mursal form (omitting the link of the Companion), and they recorded it. And all this is correct with us. 'Abd al-Razzaq said: When Ibn al-Mubarak came to Ma'mar, he transmitted the traditions in a musnad form (with a perfect chain) which he transmitted as mauquf traditions (statements of the Companions and not of the Prophet).

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

We fought along with AbdurRahman ibn Khalid ibn al-Walid. Four infidels from the enemy were brought to him. He commanded about them and they were killed in confinement.

Abu Dawud said: The narrators other than Sa'id reported from Ibn Wahb in this tradition: "(killed him) with arrows in confinement." When Abu Ayyub al-Ansari was informed about it, he said: I heard the Messenger of Allah (saws) prohibiting to kill in confinement. By Him in Whose hands my soul is, if there were a hen, I would not kill it in confinement. 'Abd al-Rahman b. Khalid b. al-Walid was informed about it (the Prophet's prohibition). He set four slaves free.

The Prophet (saws) said: Soon there will appear disagreement and dissension in my people; there will be people who will be good in speech and bad in work. They recite the Qur'an, but it does not pass their collar-bones. They will swerve from the religion as an animal goes through the animal shot at. They will not return to it till the arrow comes back to its notch. They are worst of the people and animals. Happy is the one who kills them and they kill him. They call to the book of Allah, but they have nothing to do with it. He who fights against them will be nearer to Allah than them (the rest of the people). The people asked: What is their sign? He replied: They shave the head.

It was rarely that the Messenger of Allah (saws) set out on a journey on any day but on a Thursday.

Ibn `Umar used to kill all kinds of snakes until Abu Lubaba Al-Badri told him that the Prophet had forbidden the killing of harmless snakes living in houses and called Jinan. So Ibn `Umar gave up killing them.

I went to Allah's Apostle while he was at Khaibar after it had fallen in the Muslims' hands. I said, "O Allah's Apostle! Give me a share (from the land of Khaibar)."

One of the sons of Sa'id bin Al-'As said, "O Allah's Apostle! Do not give him a share." I said, "This is the murderer of Ibn Qauqal." The son of Said bin Al-As said, "Strange! A Wabr (i.e. guinea pig) who has come down to us from the mountain of Qaduim (i.e. grazing place of sheep) blames me for killing a Muslim who was given superiority by Allah because of me, and Allah did not disgrace me at his hands (i.e. was not killed as an infidel)." (The sub-narrator said "I do not know whether the Prophet gave him a share or not.")

This hadith has been narrated on the authority of Ibn Ka'b through another chain of transmitters but with " "the similitude of the disbeliever is that of a cypress tree".