During some of the Ghazawat of the Prophet a woman was found killed. Allah's Apostle disapproved the killing of women and children.

The funeral prayer should be offered for every child even if he were the son of a prostitute as he was born with a true faith of Islam (i.e. to worship none but Allah Alone). If his parents are Muslims, particularly the father, even if his mother were a non-Muslim, and if he after the delivery cries (even once) before his death (i.e. born alive) then the funeral prayer must be offered. And if the child does not cry after his delivery (i.e. born dead) then his funeral prayer should not be offered, and he will be considered as a miscarriage. Abu Huraira, narrated that the Prophet said, "Every child is born with a true faith (i.e. to worship none but Allah Alone) but his parents convert him to Judaism or to Christianity or to Magainism, as an animal delivers a perfect baby animal. Do you find it mutilated?" Then Abu Huraira recited the holy verses: 'The pure Allah's Islamic nature (true faith i.e. to worship none but Allah Alone), with which He has created human beings.' " (30.30).

[Abu Dawud]

It was related by at-Tirmidhi, who said that it was a good and sound hadeeth.

I met `Abdullah bin `Amr bin Al-`As and asked him, "Tell me about the description of Allah's Apostle which is mentioned in Torah (i.e. Old Testament.") He replied, 'Yes. By Allah, he is described in Torah with some of the qualities attributed to him in the Qur'an as follows: "O Prophet ! We have sent you as a witness (for Allah's True religion) And a giver of glad tidings (to the faithful believers), And a warner (to the unbelievers) And guardian of the illiterates. You are My slave and My messenger (i.e. Apostle). I have named you "Al-Mutawakkil" (who depends upon Allah). You are neither discourteous, harsh Nor a noisemaker in the markets And you do not do evil to those Who do evil to you, but you deal With them with forgiveness and kindness. Allah will not let him (the Prophet) Die till he makes straight the crooked people by making them say: "None has the right to be worshipped but Allah," With which will be opened blind eyes And deaf ears and enveloped hearts."

Yahya related to me from Malik that

Yahya ibn Said heard Ata ibn Abi Rabah mentioning that the camel-herders were allowed to throw the stones at night, and saying that this was in the early period (of Islam).

Malik said, "The explanation of the hadith where the Messenger of Allah, may Allah bless him and grant him peace, allowed the camel-herders to delay the stoning of the jamras is, in our view, and Allah knows best, that they threw stones on the day of sacrifice, and then threw again two days later, which was the first possible day for leaving, and this throwing was for the day which had passed. They then threw again for the day itself, because it is only possible for someone to make up for something which is obligatory for him, and when something obligatory passes someone by (without him doing it) he must necessarily make it up afterwards (and not beforehand). So (in the case of the camel-herders), if it seemed appropriate for them to leave that day, they would have done all that they were supposed to do, and if they were to stay until the following day, they would throw stones with everybody else on the second and last day for leaving, and then leave."

I said to `Aisha, the wife of the Prophet, and I was at that time a young boy, "How do you interpret the Statement of Allah: "Verily, Safa and Marwa (i.e. two mountains at Mecca) are among the Symbols of Allah." So it is not harmful of those who perform the Hajj to the House of Allah) or perform the Umra, to ambulate (Tawaf) between them. In my opinion it is not sinful for one not to ambulate (Tawaf) between them." `Aisha said, "Your interpretation is wrong for as you say, the Verse should have been: "So it is not harmful of those who perform the Hajj or Umra to the House, not to ambulate (Tawaf) between them.' This Verse was revealed in connection with the Ansar who (during the Pre-Islamic Period) used to visit Manat (i.e. an idol) after assuming their Ihram, and it was situated near Qudaid (i.e. a place at Mecca), and they used to regard it sinful to ambulate between Safa and Marwa after embracing Islam. When Islam came, they asked Allah's Apostle about it, whereupon Allah revealed:-- "Verily, Safa and Marwa (i.e. two mountains at Mecca) are among the Symbols of Allah. So it is not harmful of those who perform the Hajj of the House (of Allah) or perform the Umra, to ambulate (Tawaf) between them." (2.158)

I said, "O Allah's Apostle! We let loose our trained hounds after a game?" He said, "Eat what they hunt for you." I said, "Even if they killed (the game)?" He replied, 'Even if they killed (the game)." I said, 'We also hit (the game) with the Mi'rad?" He said, "Eat of the animal which the Mi'rad kills by piercing its body, but do not eat of the animal which is killed by the broad side of the Mi'rad.''

The Prophet (saws) said: The religion will continue to be established till there are twelve caliphs over you, and the whole community will agree on each of them. I then heard from the Prophet (saws) some remarks which I could not understand. I asked my father: What is he saying: He said: all of them will belong to Quraysh.

I said to Allah's Apostle, "Before embracing Islam I used to do good deeds like giving in charity, slave-manumitting, and the keeping of good relations with Kith and kin. Shall I be rewarded for those deeds?" The Prophet replied, "You became Muslim with all those good deeds (Without losing their reward)."

Tufail bin `Amr Ad-Dausi and his companions came to the Prophet and said, "O Allah's Apostle! The people of the tribe of Daus disobeyed and refused to follow you; so invoke Allah against them." The people said, "The tribe of Daus is ruined." The Prophet said, "O Allah! Give guidance to the people of Daus, and let them embrace Islam."

On the day of Badr, the Prophet said, "Who will go and see what has happened to Abu Jahl?" Ibn Mas`ud went and found that the two sons of 'Afra had struck him fatally. `Abdullah bin Mas`ud got hold of his beard and said, "'Are you Abu Jahl?" He replied, "Can there be a man more superior to one whom his own folk have killed (or you have killed)?"

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Yahya related to me from Malik from Talha ibn Abi al-Malik al- Ayli from al-Qasim ibn Muhammad ibn as-Siddiq from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever vows to obey Allah, let him obey Him. Whoever vows to disobey Allah, let him not disobey Him."

Yahya said that he had heard Malik say, "The meaning of the statement of the Prophet, may Allah bless him and grant him peace, 'Whoever vows to disobey Allah, let him not disobey Him' is that for instance a man who vows that, if he speaks to such-and-such a person, he will walk to Syria, Egypt, or any other such things which are not considered as ibada, is not under any obligation by any of that, even if he did speak to the man or did break whatever it was he swore, because Allah does not demand obedience in such things. He should only fulfill those things in which there is obedience to Allah."

22.5 Rashness in Oaths

Malik related to me from Hisham ibn Urwa from his father from Abdullah ibn az-Zubayr that Sufyan ibn Abi Zuhayr said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Yemen will be conquered and the people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known. Ash-Sham will be conquered and people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known. Iraq will be conquered and people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known.' "

`Abdullah said, "The judgment I will give in this matter will be like the judgment of the Prophet, i.e. one-half is for the daughter and one-sixth for the son's daughter and the rest of the inheritance for the sister."

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."

An army unit was being recruited from the people of Medina and my name was written among them. Then I met `Ikrima, and when I informed him about it, he discouraged me very strongly and said, "Ibn `Abbas told me that there were some Muslims who were with the pagans to increase their number against Allah's Apostle (and the Muslim army) so arrows (from the Muslim army) would hit one of them and kill him or a Muslim would strike him (with his sword) and kill him. So Allah revealed:-- 'Verily! As for those whom the angels take (in death) while they are wronging themselves (by staying among the disbelievers).' (4.97)

Wahb said: I asked Jabir about the condition of Thaqif when they took the oath of allegiance. He said: They stipulated to the Prophet (saws) that there would be no sadaqah (i.e. zakat) on them nor Jihad (striving in the way of Allah). He then heard the Prophet (saws) say: Later on they will give sadaqah (zakat) and will strive in the way of Allah when they embrace Islam.

at-Tufail bin `Amr came to Allah's Apostle and said, "O Allah's Apostle! The tribe of Daus has disobeyed (Allah and His Apostle) and refused (to embrace Islam), therefore, invoke Allah's wrath for them." The people thought that the Prophet would invoke Allah's wrath for them, but he said, "O Allah! Guide the tribe Of Daus and let them come to us."

The Prophet said, "The most hated persons to Allah are three: (1) A person who deviates from the right conduct, i.e., an evil doer, in the Haram (sanctuaries of Mecca and Medina); (2) a person who seeks that the traditions of the Pre-lslamic Period of Ignorance, should remain in Islam (3) and a person who seeks to shed somebody's blood without any right."

Allah's Apostle said: Islam is based on (the following) five (principles):

1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Apostle.

2. To offer the (compulsory congregational) prayers dutifully and perfectly.

3. To pay Zakat (i.e. obligatory charity) .

4. To perform Hajj. (i.e. Pilgrimage to Mecca)

5. To observe fast during the month of Ramadan.

When `Abdullah bin Salam heard the arrival of the Prophet at Medina, he came to him and said, "I am going to ask you about three things which nobody knows except a prophet: What is the first portent of the Hour? What will be the first meal taken by the people of Paradise? Why does a child resemble its father, and why does it resemble its maternal uncle" Allah's Apostle said, "Gabriel has just now told me of their answers." `Abdullah said, "He (i.e. Gabriel), from amongst all the angels, is the enemy of the Jews." Allah's Apostle said, "The first portent of the Hour will be a fire that will bring together the people from the east to the west; the first meal of the people of Paradise will be Extra-lobe (caudate lobe) of fish-liver. As for the resemblance of the child to its parents: If a man has sexual intercourse with his wife and gets discharge first, the child will resemble the father, and if the woman gets discharge first, the child will resemble her." On that `Abdullah bin Salam said, "I testify that you are the Apostle of Allah." `Abdullah bin Salam further said, "O Allah's Apostle! The Jews are liars, and if they should come to know about my conversion to Islam before you ask them (about me), they would tell a lie about me." The Jews came to Allah's Apostle and `Abdullah went inside the house. Allah's Apostle asked (the Jews), "What kind of man is `Abdullah bin Salam amongst you?" They replied, "He is the most learned person amongst us, and the best amongst us, and the son of the best amongst us." Allah's Apostle said, "What do you think if he embraces Islam (will you do as he does)?" The Jews said, "May Allah save him from it." Then `Abdullah bin Salam came out in front of them saying, "I testify that None has the right to be worshipped but Allah and that Muhammad is the Apostle of Allah." Thereupon they said, "He is the evilest among us, and the son of the evilest amongst us," and continued talking badly of him.

Allah's Apostle sent a group of Ansari men to kill Abu-Rafi`. One of them set out and entered their (i.e. the enemies) fort. That man said, "I hid myself in a stable for their animals. They closed the fort gate. Later they lost a donkey of theirs, so they went out in its search. I, too, went out along with them, pretending to look for it. They found the donkey and entered their fort. And I, too, entered along with them. They closed the gate of the fort at night, and kept its keys in a small window where I could see them. When those people slept, I took the keys and opened the gate of the fort and came upon Abu Rafi` and said, 'O Abu Rafi`. When he replied me, I proceeded towards the voice and hit him. He shouted and I came out to come back, pretending to be a helper. I said, 'O Abu Rafi`, changing the tone of my voice. He asked me, 'What do you want; woe to your mother?' I asked him, 'What has happened to you?' He said, 'I don't know who came to me and hit me.' Then I drove my sword into his belly and pushed it forcibly till it touched the bone. Then I came out, filled with puzzlement and went towards a ladder of theirs in order to get down but I fell down and sprained my foot. I came to my companions and said, 'I will not leave till I hear the wailing of the women.' So, I did not leave till I heard the women bewailing Abu Rafi`, the merchant pf Hijaz. Then I got up, feeling no ailment, (and we proceeded) till we came upon the Prophet and informed him."

While I was with the Prophet , some people from Bani Tamim came to him. The Prophet said, "O Bani Tamim! Accept the good news!" They said, "You have given us the good news; now give us (something)." (After a while) some Yemenites entered, and he said to them, "O the people of Yemen! Accept the good news, as Bani Tamim have refused it. " They said, "We accept it, for we have come to you to learn the Religion. So we ask you what the beginning of this universe was." The Prophet said "There was Allah and nothing else before Him and His Throne was over the water, and He then created the Heavens and the Earth and wrote everything in the Book." Then a man came to me and said, 'O `Imran! Follow your she-camel for it has run away!" So I set out seeking it, and behold, it was beyond the mirage! By Allah, I wished that it (my she-camel) had gone but that I had not left (the gathering). "

From Ma`mar as below.

Narrated Abu Huraira:

The Prophet said, "I met Moses on the night of my Ascension to heaven." The Prophet then described him saying, as I think, "He was a tall person with lank hair as if he belonged to the people of the tribe of Shanu's.' The Prophet further said, "I met Jesus." The Prophet described him saying, "He was one of moderate height and was red-faced as if he had just come out of a bathroom. I saw Abraham whom I resembled more than any of his children did." The Prophet further said, "(That night) I was given two cups; one full of milk and the other full of wine. I was asked to take either of them which I liked, and I took the milk and drank it. On that it was said to me, 'You have taken the right path (religion). If you had taken the wine, your (Muslim) nation would have gone astray."

A man came to Allah's Apostle asking him about Islam, Allah's Apostle said, "You have to offer five compulsory prayers in a day and a night (24 hours)." The man asked, "Is there any more compulsory prayers for me?" Allah's Apostle said, "No, unless you like to offer Nawafil (i.e. optional prayers)." Allah's Apostle then added, "You have to observe fasts during the month of Ramadan." The man said, "Am I to fast any other days?' Allah's Apostle said, "No, unless you wish to observe the optional fast voluntarily." Then Allah's Apostle told him about the compulsory Zakat. The man asked, "Do I have to give anything besides?" Allah's Apostle said, "No, unless you wish to give in charity voluntarily." So, the man departed saying, "By Allah I will neither do more nor less than that." Allah's Apostle said, "If he has said the truth he will be successful."

On the day (of the battle) of Khaibar the Prophet said, "Tomorrow I will give the flag to somebody who will be given victory (by Allah) and who loves Allah and His Apostle and is loved by Allah and His Apostle." So, the people wondered all that night as to who would receive the flag and in the morning everyone hoped that he would be that person. Allah's Apostle asked, "Where is `Ali?" He was told that `Ali was suffering from eye-trouble, so he applied saliva to his eyes and invoked Allah to cure him. He at once got cured as if he had no ailment. The Prophet gave him the flag. `Ali said, "Should I fight them till they become like us (i.e. Muslim)?" The Prophet said, "Go to them patiently and calmly till you enter the land. Then, invite them to Islam, and inform them what is enjoined upon them, for, by Allah, if Allah gives guidance to somebody through you, it is better for you than possessing red camels."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The day of Ashura was a day the Quraysh used to fast in the jahiliyya, and the Messenger of Allah, may Allah bless him and grant him peace, used also to fast it during the jahiliyya. Then when the Messenger of Allah, may Allah bless him and grant him peace, came to Madina he fasted it and ordered that it be fasted. Then Ramadan was made obligatory, and that became the fard instead of Ashura, but whoever wanted to, fasted it, and whoever did not want to, did not fast it."

Allah's Apostle sent me, Az-Zubair and Al-Miqdad saying, "Proceed till you reach Rawdat Khakh where there is a lady carrying a letter, and take that (letter) from her." So we proceeded on our way with our horses galloping till we reached the Rawda, and there we found the lady and said to her, "Take out the letter." She said, "I have no letter." We said, "Take out the letter, or else we will take off your clothes." So she took it out of her braid, and we brought the letter to Allah's Apostle . The letter was addressed from Hatib, bin Abi Balta'a to some pagans of Mecca, telling them about what Allah's Apostle intended to do. Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Do not make a hasty decision about me. I was a person not belonging to Quraish but I was an ally to them from outside and had no blood relation with them, and all the Emigrants who were with you, have got their kinsmen (in Mecca) who can protect their families and properties. So I liked to do them a favor so that they might protect my relatives as I have no blood relation with them. I did not do this to renegade from my religion (i.e. Islam) nor did I do it to choose Heathenism after Islam." Allah's Apostle said to his companions." As regards him, he (i.e. Hatib) has told you the truth." `Umar said, "O Allah's Apostle! Allow me to chop off the head of this hypocrite!" The Prophet said, "He (i.e. Hatib) has witnessed the Badr battle (i.e. fought in it) and what could tell you, perhaps Allah looked at those who witnessed Badr and said, "O the people of Badr (i.e. Badr Muslim warriors), do what you like, for I have forgiven you. "Then Allah revealed the Sura:-- "O you who believe! Take not my enemies And your enemies as friends offering them (Your) love even though they have disbelieved in that Truth (i.e. Allah, Prophet Muhammad and this Qur'an) which has come to you ....(to the end of Verse)....(And whosoever of you (Muslims) does that, then indeed he has gone (far) astray (away) from the Straight Path." (60.1

Abu Dawud said: It has been narrated by Ibn 'Umar and Anas b. Malik that she should take bath at the time of the Zuhr prayer (being valid) until the next Zuhr prayer. This tradition has also been transmuted by Dawud and 'Asim from al-Sha'bi from his wife from Qumair on the authority of 'Aishah, except that the version of Dawud has the words: "every day," and the version of 'Asim has the words: "at the time of Zuhr prayer". This is the view of Salim b. 'Abd Allah, al-Hassan, and 'Ata.

Abu Dawud said: Malik said: I think that the tradition narrated by Ibn a;-Musayyab must contain the words: "from one purification to another". But it was misunderstood and the people changed it to: "for one Zuhr prayer to another".

It has also been reported by Miswar b. 'Abd al-Malik b. Sa'id b. 'Abd al-Rahman b. Yarbu', saying: "from one purification to another," but the people changed it to: "from one zuhr to another."