Allah's Apostle sent us in a mission (i.e., an army-unit) and said, "If you find so-and-so and so-and-so, burn both of them with fire." When we intended to depart, Allah's Apostle said, "I have ordered you to burn so-and-so and so-and-so, and it is none but Allah Who punishes with fire, so, if you find them, kill them (i.e., don't burn them)."

Ikrimah reported on the authority of Ibn Abbas, saying: I think the Messenger of Allah (saws) said: When one of you prays without a sutrah, a dog, an ass, a pig, a Jew, a Magian, and a woman cut off his prayer, but it will suffice if they pass in front of him at a distance of over a stone's throw.

Abu Dawud said: There is something about this tradition in my heart. I used to discuss it with Ibrahim and others. I did not find anyone who narrated it from Hisham and knew it. I did not know anyone who reported it from Hisham and knew it. I did not know anyone who related it from Hisham. I think the confusion is on the part of Ibn Abi Saminah that is, Muhammad b. Isma'il al-Basri, the freed slave of Banu Hisham. In this tradition the mention of words "a Magian" is rejected; the mention of the words "at a stone's throw" and "a pig" is rejected.

Abu Dawud said: I did not hear this tradition except from Muhammad b. Isma'il b. Samurrah and I think he was mistaken because he used to narrate to us from his memory.

The Messenger of Allah (saws) appointed him commander over a detachment. He said: I went out along with it. He (the Prophet) said: If you find so-and-so, burn him with the fire. I then turned away, and he called me. So I returned to him, and he said: If you find so-and-so, kill him, and do not burn him, for no one punishes with fire except the Lord of the fire.

The Prophet (saws) said: on the day of the conquest of Mecca: There are four persons whom I shall not give protection in the sacred and non-sacred territory. He then named them. There were two singing girls of al-Maqis; one of them was killed and the other escaped and embraced Islam.

Abu Dawud said: I could not understand its chain of narrators from Ibn al-'Ala' as I liked.

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."

I said, "O Allah's Apostle! Which is the biggest sin?" He said, "To set up rivals to Allah by worshipping others though He alone has created you." I asked, "What is next?" He said, "To kill your child lest it should share your food." I asked, "What is next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor."

I wrote a letter to Nafi` and Nafi` wrote in reply to my letter that the Prophet had suddenly attacked Bani Mustaliq without warning while they were heedless and their cattle were being watered at the places of water. Their fighting men were killed and their women and children were taken as captives; the Prophet got Juwairiya on that day. Nafi` said that Ibn `Umar had told him the above narration and that Ibn `Umar was in that army.

Once we were in the company of Allah's Apostle in a cave. Surat-al-Mursalat (77) was revealed there, and we were learning it from Allah's Apostle . Suddenly a snake came out of its hole and we rushed towards it to kill it, but it hastened and entered its hole before we were able to catch it. Allah's Apostle said," It has been saved from your evil and you have been saved from its evil."

Aban bin Sa`id came to the Prophet and greeted him. Abu Huraira said, "O Allah's Apostle! This (Aban) is the murderer of the Ibn Qauqal." (On hearing that), Aban said to Abu Huraira, "How strange your saying is! You, a guinea pig, descending from Qadum Dan, blaming me for (killing) a person whom Allah favored (with martyrdom) with my hand, and whom He forbade to degrade me with his hand.'

‘Ali said “If I survive for the Christians of Banu Taghlib I shall kill fighters and captivate children for I had written a document between them and the Prophet(saws) to the effect that they would not make their children Christian.

Abu Dawud said “This is rejected (munkar) tradition and it has reached me from Ahmad (bin Hanbal) that he used to reject this tradition seriously.

Abu ‘Ali said “Abu Dawud did not present this (tradition) in this second reading.”

We set out in the company of Allah's Apostle on the day (of the battle) of Hunain. When we faced the enemy, the Muslims retreated and I saw a pagan throwing himself over a Muslim. I turned around and came upon him from behind and hit him on the shoulder with the sword He (i.e. the pagan) came towards me and seized me so violently that I felt as if it were death itself, but death overtook him and he released me. I followed `Umar bin Al Khattab and asked (him), "What is wrong with the people (fleeing)?" He replied, "This is the Will of Allah," After the people returned, the Prophet sat and said, "Anyone who has killed an enemy and has a proof of that, will posses his spoils." I got up and said, "Who will be a witness for me?" and then sat down. The Prophet again said, "Anyone who has killed an enemy and has proof of that, will possess his spoils." I (again) got up and said, "Who will be a witness for me?" and sat down. Then the Prophet said the same for the third time. I again got up, and Allah's Apostle said, "O Abu Qatada! What is your story?" Then I narrated the whole story to him. A man (got up and) said, "O Allah's Apostle! He is speaking the truth, and the spoils of the killed man are with me. So please compensate him on my behalf." On that Abu Bakr As-Siddiq said, "No, by Allah, he (i.e. Allah's Apostle ) will not agree to give you the spoils gained by one of Allah's Lions who fights on the behalf of Allah and His Apostle." The Prophet said, "Abu Bakr has spoken the truth." So, Allah's Apostle gave the spoils to me. I sold that armor (i.e. the spoils) and with its price I bought a garden at Bani Salima, and this was my first property which I gained after my conversion to Islam.

A man fell ill and a cry was raised (for his death). So his neighbour came to the Messenger of Allah (saws) and said to him: He has died. He asked: Who told you? He said: I have seen him. The Messenger of Allah (saws) said: He has not died. He then returned.

A cry was again raised (for his death). He came to the Messenger of Allah (saws) and said: He has died. The Prophet (saws) said: He has not died. He then returned.

A cry was again raised over him. His wife said: Go to the Messenger of Allah (saws) and inform him. The man said: O Allah, curse him.

He said: The man then went and saw that he had killed himself with an arrowhead. So he went to the Prophet (saws) and informed him that he had died.

He asked: Who told you? He replied: I myself saw that he had killed himself with arrowheads. He asked: Have you seen him? He replied: Yes. He then said: Then I shall not pray over him.

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say, "The least difficult thing acceptable as a sacrificial animal is a sheep."

Malik said, "That is what I like most out of what I have heard about the matter, because Allah, the Blessed and Exalted, says in His Book, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills it intentionally, there shall be repayment the like of what he has slain, from livestock, as shall be judged by two men of justice among you, a sacrificial animal which will reach the Kaba, or food for poor people, or the equivalent of that in fasting,' (Sura 5 ayat 95) and a sheep is one of the animals which is judged to be acceptable as a sacrifice. Allah has called it a sacrificial animal, and there is no dispute among us about the matter. How, indeed, could anyone be in doubt about the matter? A sheep is the kaffara for anything which does not reach the extent of something for which a camel or a cow would be the kaffara, and the kaffara for something which does not reach the extent of something for which a sheep would be the kaffara is fasting, or feeding poor people."

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

(The tribes of) Ril, Dhakwan, 'Usaiya and Bani Lihyan asked Allah's Apostle to provide them with some men to support them against their enemy. He therefore provided them with seventy men from the Ansar whom we used to call Al-Qurra' in their lifetime. They used to collect wood by daytime and pray at night. When they were at the well of Ma'una, the infidels killed them by betraying them. When this news reached the Prophet , he said Al-Qunut for one month In the morning prayer, invoking evil upon some of the 'Arab tribes, upon Ril, Dhakwan, 'Usaiya and Bani Libyan. We used to read a verse of the Qur'an revealed in their connection, but later the verse was cancelled. It was: "convey to our people on our behalf the information that we have met our Lord, and He is pleased with us, and has made us pleased." (Anas bin Malik added:) Allah's Prophet said Qunut for one month in the morning prayer, invoking evil upon some of the 'Arab tribes (namely), Ril, Dhakwan, Usaiya, and Bani Libyan. (Anas added:) Those seventy Ansari men were killed at the well of Mauna.

Malik said, "The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver, i.e. copper, brass, lead, black lead, iron, herbs, figs, cotton, and any such things that are weighed, is that there is no harm in bartering all those sorts of things two for one, hand to hand. There is no harm in taking a ritl of iron for two ritls of iron, and a ritl of brass for two ritls of brass."

Malik said, "There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms, if the two sorts are clearly different. If both sorts resemble each other but their names are different, like lead and black lead, brass and yellow brass, I disapprove of taking two of one sort for one of the other on delayed terms."

Malik said, "When buying something of this nature, there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased, if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring, it should be sold to someone other than the person from whom it was bought, for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring, and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us."

Malik said, "The way of doing things among us with what is measured or weighed of things which are not eaten or drunk, like safflower, date-stones, fodder leaves, indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one, hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different, there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts, before taking delivery of them if the price is taken from someone other than the person from whom they were purchased."

Malik said, "Anything of any variety that profits people, like gravel and gypsum, one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms, is usury."

When we were sitting with the Messenger of Allah (saws), he talked about periods of trial (fitnahs), mentioning many of them.

When he mentioned the one when people should stay in their houses, some asked him: Messenger of Allah, what is the trial (fitnah) of staying at home?

He replied: It will be flight and plunder. Then will come a test which is pleasant. Its murkiness is due to the fact that it is produced by a man from the people of my house, who will assert that he belongs to me, whereas he does not, for my friends are only the God-fearing. Then the people will unite under a man who will be like a hip-bone on a rib. Then there will be the little black trial which will leave none of this community without giving him a slap, and when people say that it is finished, it will be extended. During it a man will be a believer in the morning and an infidel in the evening, so that the people will be in two camps: the camp of faith which will contain no hypocrisy, and the camp of hypocrisy which will contain no faith. When that happens, expect the Antichrist (Dajjal) that day or the next.

It was the custom among the companions of Muhammad that if any of them was fasting and the food was presented (for breaking his fast), but he slept before eating, he would not eat that night and the following day till sunset. Qais bin Sirma-al-Ansari was fasting and came to his wife at the time of Iftar (breaking one's fast) and asked her whether she had anything to eat. She replied, "No, but I would go and bring some for you." He used to do hard work during the day, so he was overwhelmed by sleep and slept. When his wife came and saw him, she said, "Disappointment for you." When it was midday on the following day, he fainted and the Prophet was informed about the whole matter and the following verses were revealed: "You are permitted To go to your wives (for sexual relation) At the night of fasting." So, they were overjoyed by it. And then Allah also revealed: "And eat and drink Until the white thread Of dawn appears to you Distinct from the black thread (of the night)." (2.187)

A man of the Ansar was killed at Khaybar and his relatives went to the Prophet (saws) and mentioned that to him. He asked: Have you two witnesses who can testify to the murderer of your friend? They replied: Messenger of Allah! there was not a single Muslim present, but only Jews who sometimes have the audacity to do even greater crimes than this. He said: Then choose fifty of them and demand that they take an oath; but they refused and the Prophet (saws) paid the blood-wit himself.

On his father's authority, said that his grandfather reported the Messenger of Allah (saws) gave judgment that if anyone is killed accidentally, his blood-wit should be one hundred camels: thirty she-camels which had entered their second year, thirty she-camels which had entered their third year, thirty she-camels which had entered their fourth year, and ten male camels which had entered their third year.

The Prophet (saws) said: The blood-wit for accidental killing should be twenty she-camels which had entered their fourth year, twenty she-camels which had entered their fifth year, twenty she-camels which had entered their second year, twenty she-camels which had entered their third year, and twenty male camels which had entered their second year. It does not beyond Ibn Mas'ud.

I asked Allah's Apostle. "We hunt with the help of these hounds." He said, "If you let loose your trained hounds after a game, and mention the name of Allah, then you can eat what the hounds catch for you, even if they killed the game. But you should not eat of it if the hound has eaten of it, for then it is likely that the hound has caught the game for itself. And if other hounds join your hound in hunting the game, then do not eat of it."

I asked Allah's Apostle "What is the biggest sin in the sight of Allah?" He said, "To set up rivals unto Allah though He alone created you." I said, "In fact, that is a tremendous sin," and added, "What next?" He said, "To kill your son being afraid that he may share your food with you." I further asked, "What next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor."

Yahya related to me from Malik that he had heard the people of knowledge say that martyrs in the way of Allah were not washed, nor were any of them prayed over. They were buried in the garments in which they were slain.

Malik said, "That is the sunna for someone who is killed on the battleground and is not reached until he is already dead. Someone who is carried off and lives for as long as Allah wills after it, is washed and prayed over as was Umar ibn al- Khattab."

In the Pre-lslamic Period of Ignorance there was a house called Dhu-l-Khalasa or Al-Ka`ba Al- Yamaniya or Al-Ka`ba Ash-Shamiya. The Prophet said to me, "Won't you relieve me from Dhu-l- Khalasa?" So I set out with one-hundred-and-fifty riders, and we dismantled it and killed whoever was present there. Then I came to the Prophet and informed him, and he invoked good upon us and Al- Ahmas (tribe) .

I asked the Prophet, "What is the greatest sin in the Sight of Allah?" He said, "That you set up a rival unto Allah though He Alone created you." I said, "That is indeed a great sin." Then asked, "What is next?" He said, "To kill your son lest he should share your food with you." I asked, "What is next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor."

Abu Dawud said: And he said: The word fa'tabata means "he shed blood profusely"

The Messenger of Allah (saws) as saying: Refrain from seven (characteristics) which cause destruction. He was asked: What are they, Messenger of Allah ? He replied: To assign partner to Allah, magic, to kill a soul (man) which is prohibited by Allah except for which is due, to take usury, to consume the property of an orphan, to retreat on the day of the battle, and to slander chaste women, indiscreet but believing.

Abu Dawud said: The name Abu al-Ghaith is Salim client of Ibn Muti'.

Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."

Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "

Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."

Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."

Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "

Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."

Allah's Apostle said, "The thing I am afraid of most for your sake, is the worldly blessings which Allah will bring forth to you." It was said, "What are the blessings of this world?" The Prophet said, "The pleasures of the world." A man said, "Can the good bring forth evil?" The Prophet kept quiet for a while till we thought that he was being inspired divinely. Then he started removing the sweat from his forehead and said," Where is the questioner?" That man said, "I (am present)." Abu Sa`id added: We thanked the man when the result (of his question) was such. The Prophet said, "Good never brings forth but good. This wealth (of the world) is (like) green and sweet (fruit), and all the vegetation which grows on the bank of a stream either kills or nearly kills the animal that eats too much of it, except the animal that eats the Khadira (a kind of vegetation). Such an animal eats till its stomach is full and then it faces the sun and starts ruminating and then it passes out dung and urine and goes to eat again. This worldly wealth is (like) sweet (fruit), and if a person earns it (the wealth) in a legal way and spends it properly, then it is an excellent helper, and whoever earns it in an illegal way, he will be like the one who eats but is never satisfied."

My grandfather, Rafi` said, "We were in the company of the Prophet at DhulHulaifa, and the people suffered from hunger. We got some camels and sheep (as booty) and the Prophet was still behind the people. They hurried and put the cooking pots on the fire. (When he came) he ordered that the cooking pots should be upset and then he distributed the booty (amongst the people) regarding ten sheep as equal to one camel then a camel fled and the people chased it till they got tired, as they had a few horses (for chasing it). So a man threw an arrow at it and caused it to stop (with Allah's Permission). On that the Prophet said, 'Some of these animals behave like wild beasts, so, if any animal flee from you, deal with it in the same way." My grandfather asked (the Prophet ), "We hope (or are afraid) that we may meet the enemy tomorrow and we have no knives. Can we slaughter our animals with canes?" Allah's Apostle replied, "If the instrument used for killing causes the animal to bleed profusely and if Allah's Name is mentioned on killing it, then eat its meat (i.e. it is lawful) but won't use a tooth or a nail and I am telling you the reason: A tooth is a bone (and slaughtering with a bone is forbidden ), and a nail is the slaughtering instrument of the Ethiopians."

When al-Hajjaj killed Ibn Zubayr, he sent a message to Ibn Umar asking him: At which moment the Messenger of Allah (saws) used to proceed (to Arafat) this day? He replied: When it happens so, we shall proceed. When Ibn Umar intended to proceed, the people said: The sun did not decline. He (Ibn Umar) asked: Did it decline? They replied: It did not decline. When they said that the sun had declined, he proceeded.

Messenger of Allah, tell me about jihad and fighting. He replied: Abdullah ibn Amr, if you fight with endurance seeking from Allah your reward, Allah will resurrect you showing endurance and seeking your reward from Him, but, if you fight for vain show seeking to acquire much, Allah will resurrect you making a vain show and seeking to acquire much. In whatever you fight or are killed, Abdullah ibn Amr, in that state Allah will resurrect you.

Some people raided the camels of the Prophet (saws), drove them off, and apostatised. They killed the herdsman of the Messenger of Allah (saws) who was a believer. He (the Prophet) sent (people) in pursuit of them and they were caught. He had their hands and feet cut off, and their eyes put out. The verse regarding fighting against Allah and His Prophet (saws) was then revealed. These were the people about whom Anas ibn Malik informed al-Hajjaj when he asked him.