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."

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

Women who are divorced shall wait, keeping themselves apart, three monthly courses; and then said: And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months. This was abrogated from the former verse. Again he said: (O ye who believe, if ye wed believing women) and divorce them before ye have touched them, then there is no period that ye should reckon."

The Prophet (saws) was brought a pouch containing bead and divided it among free women and slave women. Aisha said: My father used to divide things between free men and slave.

The Prophet said, "The saying 'Sub Han Allah' is for men and clapping is for women." (If something happens in the prayer, the men can invite the attention of the Imam by saying "Sub Han Allah". And women, by clapping their hands).

The Prophet (saws) stood on the day of the breaking of the fast ('Id) and offered prayer. He began the prayer before the sermon. He then addressed the people. When the Prophet (saws) finished the sermon, he descended (from the pulpit) and went to women. He gave them an exhortation while he was leaning on the hand of Bilal. Bilal was spreading his garment in which women were putting alms; some women put their rings and others other things.

On the authority of his father (Sa'd) and his grandfather (Dumayrah) (according to Musa's version) who were present in the battle of Hunayn with the Messenger of Allah (saws): After the advent of Islam, Muhallam ibn Jaththamah al-Laythi killed a man of Ashja'.

That was the first blood-money decided by the Messenger of Allah (saws) (for payment). Uyaynah spoke about the killing of al-Ashja'i, for he belonged to Ghatafan, and al-Aqra' ibn Habis spoke on behalf of Muhallam, for he belonged to Khunduf. The voices rose high, and the dispute and noise grew.

So the Messenger of Allah (saws) said: Do you not accept blood-money, Uyaynah?

Uyaynah then said: No, I swear by Allah, until I cause his women to suffer the same fighting and grief as he caused my women to suffer. Again the voices rose high, and the dispute and noise grew.

The Messenger of Allah (saws) said: Do you not accept the blood-money Uyaynah? Uyaynah gave the same reply as before, and a man of Banu Layth called Mukaytil stood up. He had a weapon and a skin shield in his hand.

He said: I do not find in the beginning of Islam any illustration for what he has done except the one that "some sheep came on, and those in the front were shot; hence those in the rear ran away". (The other example is that) "make a law today and change it."

The Messenger of Allah (saws) said: Fifty (camels) here immediately and fifty when we return to Medina. This happened during some of his journeys. Muhallam was a tall man of dark complexion. He was with the people. They continued (to make effort for him) until he was released. He sat before the Messenger of Allah (saws), with his eyes flowing.

He said: Messenger of Allah! I have done (the act) of which you have been informed. I repent to Allah, the Exalted, so ask Allah's forgiveness for me. Messenger of Allah!

The Messenger of Allah (saws) then said: Did you kill him with your weapon at the beginning of Islam. O Allah! do not forgive Muhallam. He said these words loudly.

AbuSalamah added: He (Muhallam) then got up while he was wiping his tears with the end of his garment.

Ibn Ishaq said: His people alleged that the Messenger of Allah (saws) asked forgiveness for him after that.

Abu Dawud said: Al-Nadr b. Shumail said: al-ghiyar means blood-wit.

Ibn `Umar used to kill snakes, but afterwards he forbade their killing and said, "Once the Prophet pulled down a wall and saw a cast-off skin of a snake in it. He said, 'Look for the snake. 'They found it and the Prophet said, "Kill it." For this reason I used to kill snakes. Later on I met Abu Lubaba who told me the Prophet said, 'Do not kill snakes except the short-tailed or mutilated-tailed snake with two white lines on its back, for it causes abortion and makes one blind. So kill it.' "

Yahya related to me from Malik that he had heard that Uthman ibn Affan and Abdullah ibn Umar and Abu Hurayra used to pray over the dead, both men and women, in Madina. They would put the men nearer to the imam and the women nearer to the qibla.

The Prophet came out on the day of `Id and offered a two-rak`at prayer, and he did not pray any rak`a before it, nor after it. Then he went towards the women and ordered them to give alms. The women started donating their earring and necklaces.

Thy Prophet (p.b.u.h) said, "A time will come upon the people when a person will wander about with gold as Zakat and will not find anybody to accept it, and one man will be seen followed by forty women to be their guardian because of scarcity of men and great number of women. "

On his father's authority said that his grandfather reported the Prophet (saws) said: A believer will not be killed for an infidel. If anyone kills a man deliberately, he is to be handed over to the relatives of the one who has been killed. If they wish, they may kill, but if they wish, they may accept blood-wit

The Prophet said, "Many men reached perfection but none among the women reached perfection except Mary, the daughter of ' `Imran, and Asia, Pharoah's wife. And the superiority of `Aisha to other women is like the superiority of Tharid to other kinds of food.

"The Prophet offered a two-rak`at prayer on `Id day and he did not offer any (Nawafil prayer) before or after it. He then went towards the women, and Bilal was accompanying him, and ordered them to give alms. And so the women started giving their earrings (etc .).

The Prophet cursed effeminate men (those men who are in the similitude (assume the manners of women) and those women who assume the manners of men, and he said, "Turn them out of your houses ." The Prophet turned out such-and-such man, and `Umar turned out such-and-such woman.

Ibn `Umar used to kill snakes but when Abu Lubaba informed him that the Prophet had forbidden the killing of snakes living in houses, he gave up killing them.

Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a jew or christian was killed, his blood-money was half the blood-money of a free muslim.

Malik said, "What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it."

I heard Ibn `Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he permitted it (Nikah-al-Mut'a). On that a freed slave of his said to him, "That is only when it is very badly needed and women are scarce." On that, Ibn `Abbas said, "Yes."

I offered the `Id prayer with the Prophet and he offered prayer before the Khutba (sermon). ibn `Abbas added: After the prayer the Prophet came towards (the rows of) the women and ordered them to give alms, and the women started putting their big and small rings in the garment of Bilal.

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

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.")

Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "If the Messenger of Allah, may Allah bless him and grant him peace, had seen what women do now, he would have forbidden them to go into the mosques, just as the women of the Bani Israil were forbidden."

Yahya ibn Said said that he asked Amra, "Were the women of the Bani Israil forbidden to go into the mosques?" and she said, "Yes."

Allah's Apostle said, "Many amongst men reached (the level of) perfection but none amongst the women reached this level except Asia, Pharaoh's wife, and Mary, the daughter of `Imran. And no doubt, the superiority of `Aisha to other women is like the superiority of Tharid (i.e. a meat and bread dish) to other meals."

Allah's Apostle said, "Many amongst men attained perfection but amongst women none attained the perfection except Mary, the daughter of `Imran and Asiya, the wife of Pharaoh. And the superiority of `Aisha to other women is like the superiority of Tharid (i.e. an Arabic dish) to other meals."

Allah's Apostle was on a journey and he had a black slave called Anjasha, and he was driving the camels (very fast, and there were women riding on those camels). Allah's Apostle said, "Waihaka (May Allah be merciful to you), O Anjasha! Drive slowly (the camels) with the glass vessels (women)!"

At the time of giving the pledge of allegiance to the Prophet one of the conditions was that we would not wail, but it was not fulfilled except by five women and they are Um Sulaim, Um Al-`Ala', the daughter of Abi Sabra (the wife of Mu`adh), and two other women; or the daughter of Abi Sabra and the wife of Mu`adh and another woman.

On `Id ul Fitr or `Id ul Adha Allah's Apostle (p.b.u.h) went out to the Musalla. After finishing the prayer, he delivered the sermon and ordered the people to give alms. He said, "O people! Give alms." Then he went towards the women and said. "O women! Give alms, for I have seen that the majority of the dwellers of Hell-Fire were you (women)." The women asked, "O Allah's Apostle! What is the reason for it?" He replied, "O women! You curse frequently, and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. O women, some of you can lead a cautious wise man astray." Then he left. And when he reached his house, Zainab, the wife of Ibn Mas`ud, came and asked permission to enter It was said, "O Allah's Apostle! It is Zainab." He asked, 'Which Zainab?" The reply was that she was the wife of Ibn Mas'ub. He said, "Yes, allow her to enter." And she was admitted. Then she said, "O Prophet of Allah! Today you ordered people to give alms and I had an ornament and intended to give it as alms, but Ibn Mas`ud said that he and his children deserved it more than anybody else." The Prophet replied, "Ibn Mas`ud had spoken the truth. Your husband and your children had more right to it than anybody else."

(the wife of the Prophet) When believing women came to the Prophet as emigrants, he used to test them in accordance with the order of Allah. 'O you who believe! When believing women come to you as emigrants, examine them . . .' (60.10) So if anyone of those believing women accepted the above mentioned conditions, she accepted the conditions of faith. When they agreed on those conditions and confessed that with their tongues, Allah's Apostle would say to them, "Go, I have accepted your oath of allegiance (for Islam). By Allah, and hand of Allah's Apostle never touched the hand of any woman, but he only used to take their pledge of allegiance orally. By Allah, Allah's Apostle did not take the pledge of allegiance of the women except in accordance with what Allah had ordered him. When he accepted their pledge of allegiance he would say to them, "I have accepted your oath of allegiance."

Malik said, "It is not halal to marry a christian or jewish slave-girl because Allah the Blessed, the Exalted, said in His Book, 'Believing women who are muhsanat and women of those who were given the Book before you who are muhsanat', (sura 5 ayat 6) and they are free women from the Christians and Jews. Allah, the Blessed, the Exalted, said in His Book, 'If you are not affluent enough to marry believing women who are muhsanat, take believing slave-girls whom your right hands own.' " (Sura 4 ayat 24)

Malik said, "In our opinion, Allah made marriage to believing slave-girls halal, and He did not make halal marriage to christian and jewish slave-girls from the People of the Book."

Malik said, "The christian and jewish slave-girl are halal for their master by right of possession, but intercourse with a magian slave-girl is not halal by the right of possession."

AbuUsayd heard the Messenger of Allah (saws) say when he was coming out of the mosque, and men and women were mingled in the road: Draw back, for you must not walk in the middle of the road; keep to the sides of the road. Then women were keeping so close to the wall that their garments were rubbing against it.

We were ordered to go out (for `Id) and also to take along with us the menstruating women, mature girls and virgins staying in seclusion. (Ibn `Aun said, "Or mature virgins staying in seclusion)." The menstruating women could present themselves at the religious gathering and invocation of Muslims but should keep away from their Musalla.

The Prophet went out for the `Id prayer on the `Id day and offered a two rak`at prayer; and he neither offered a prayer before it or after it. Then he went towards the women along with Bilal. He preached them and ordered them to give in charity. And some (amongst the women) started giving their forearm bangles and earrings.

Allah's Apostle said, "There is no Diya for persons killed by animals or for the one who has been killed accidentally by falling into a well or for the one killed in a mine. And one-fifth of Rikaz (treasures buried before the Islamic era) is to be given to the state."

The Prophet of Allah (saws) ordered to kill dogs, and we were even killing a dog which a woman brought with her from the desert. Afterwards he forbade to kill them, saying: Confine yourselves to the type which is black.

The Prophet killed a Jew for killing a girl in order to take her ornaments.

The Prophet (saws) said: Then you, Khuza'ah, have killed this man of Hudhayl, but I will pay his blood-wit. After these words of mine if a man of anyone is killed, his people will have a choice to accept blood-wit or to kill him.

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.

Whenever Allah's Apostle finished his prayers with Taslim, the women would get up and he would stay on for a while in his place before getting up. Ibn Shihab said, "I think (and Allah knows better), that the purpose of his stay was that the women might leave before the men who had finished their prayer. "