[Al-Hakim].

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.

He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.

He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.

He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.

The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.

The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to ...

Malik related to me from Zayd ibn Aslam that a man confessed to fornication in the time of the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, called for a whip, and he was brought a broken whip. He said, "Above this," and he was brought a new whip whose knots had not been cut yet. He said, "Below this," and he was brought a whip which had been used and made flexible. The Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was flogged. Then he said, "People! The time has come for you to observe the limits of Allah. Whoever has had any of these ugly things befall him should cover them up with the veil of Allah. Whoever reveals to us his wrong action, we perform what is in the Book of Allah against him."

We were in the company of Allah's Apostle and we assumed the state of Ihram of Hajj and arrived at Mecca on the fourth of Dhul-Hijja. The Prophet ordered us to perform the Tawaf around the Ka`ba and (Sa`i) between As-Safa and Al-Marwa and use our lhram just for `Umra, and finish the state of Ihram unless we had our Hadi with us. None of us had the Hadi with him except the Prophet and Talha. `Ali came from Yemen and brought the Hadi with him. `Ali said, 'I had assumed the state of Ihram with the same intention as that with which Allah's Apostle had assumed it. The people said, "How can we proceed to Mina and our male organs are dribbling?" Allah's Apostle said, "If I had formerly known what I came to know latterly, I would not have brought the Hadi, and had there been no Hadi with me, I would have finished my Ihram." Suraqa (bin Malik) met the Prophet while he was throwing pebbles at the Jamrat-Al-`Aqaba, and asked, "O Allah's Apostle! Is this (permitted) for us only?" The Prophet replied. "No, it is forever" `Aisha had arrived at Mecca while she was menstruating, therefore the Prophet ordered her to perform all the ceremonies of Hajj except the Tawaf around the Ka`ba, and not to perform her prayers unless and until she became clean . When they encamped at Al-Batha, `Aisha said, "O Allah's Apostle! You are proceeding after performing both Hajj and `Umra while I am proceeding with Hajj only?" So the Prophet ordered `Abdur-Rahman bin Abu Bakr As-Siddiq to go with her to at-Tan`im, and so she performed the `Umra in Dhul-Hijja after the days of the Hajj.

(The wife of the Prophet) Whenever Allah's Apostle intended to go on a journey, he used to draw lots among his wives and would take with him the one on whom the lot had fallen. Once he drew lots when he wanted to carry out a Ghazwa, and the lot came upon me. So I proceeded with Allah's Apostle after Allah's order of veiling (the women) had been revealed and thus I was carried in my howdah (on a camel) and dismounted while still in it. We carried on our journey, and when Allah's Apostle had finished his Ghazwa and returned and we approached Medina, Allah's Apostle ordered to proceed at night. When the army was ordered to resume the homeward journey, I got up and walked on till I left the army (camp) behind. When I had answered the call of nature, I went towards my howdah, but behold ! A necklace of mine made of Jaz Azfar (a kind of black bead) was broken and I looked for it and my search for it detained me. The group of people who used to carry me, came and carried my howdah on to the back of my camel on which I was riding, considering that I was therein. At that time women were light in weight and were not fleshy for they used to eat little (food), so those people did not feel the lightness of the howdah while raising it up, and I was still a young lady. They drove away the camel and proceeded. Then I found my necklace after the army had gone. I came to their camp but found nobody therein so I went to the place where I used to stay, thinking that they would miss me and come back in my search. While I was sitting at my place, I felt sleepy and slept. Safwan bin Al-Mu'attil As-Sulami Adh- Dhakw-ani was behind the army. He had started in the last part of the night and reached my stationing place in the morning and saw the figure of a sleeping person. He came to me and recognized me on seeing me for he used to see me before veiling. I got up because of his saying: "Inna Li l-lahi wa inna ilaihi rajiun," which he uttered on recognizing me. I covered my face with my garment, and by Allah, he did not say to me a single word except, "Inna Li l-lahi wa inna ilaihi rajiun," till he made his shecamel kneel down whereupon he trod on its forelegs and I mounted it. Then Safwan set out, leading the she-camel that was carrying me, till we met the army while they were resting during the hot midday. Then whoever was meant for destruction, fell in destruction, and the leader of the Ifk (forged statement) was `Abdullah bin Ubai ...

A desert Arab came and making his camel kneel and tethering it, entered the mosque and prayed behind the Messenger of Allah (saws). When The Messenger of Allah (saws) had given the salutation, he went to his riding beast and, after untethering and riding it, he called out: O Allah, show mercy to me and to Muhammad and associate no one else in Thy mercy to us. The Messenger of Allah (saws) then said: Do you think that he or his camel is farther astray? Did you not listen to what he said? They replied: Certainly.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "My paternal uncle by suckling came to me and I refused to give him permission to enter until I had asked the Messenger of Allah, may Allah bless him and grant him peace, about it. The Messenger of Allah, may Allah bless him and grant him peace, came and I asked him about it. He said, 'He is your paternal uncle, so give him permission.' So I said, 'Messenger of Allah! The woman nursed me not the man.' He said, 'He is your paternal uncle, so let him enter.' "

A'isha said, "That was after the veil had been imposed on us."

A'isha added, "What is haram by birth is made haram by suckling."

[Al-Bukhari and Muslim].

My uncle Zuhair said, "Allah's Apostle forbade us to do a thing which was a source of help to us." I said, "Whatever Allah's Apostle said was right." He said, "Allah's Apostle sent for me and asked, 'What are you doing with your farms?' I replied, 'We give our farms on rent on the basis that we get the yield produced at the banks of the water streams (rivers) for the rent, or rent it for some Wasqs of barley and dates.' Allah's Apostle said, 'Do not do so, but cultivate (the land) yourselves or let it be cultivated by others gratis, or keep it uncultivated.' I said, 'We hear and obey.'

That he heard Al-Bara narrating when a man from Qais (tribe) asked him "Did you flee leaving Allah's Apostle on the day (of the battle) of Hunain?" Al-Bara' replied, "But Allah's Apostle did not flee. The people of Hawazin were good archers, and when we attacked them, they fled. But rushing towards the booty, we were confronted by the arrows (of the enemy). I saw the Prophet riding his white mule while Abu Sufyan was holding its reins, and the Prophet was saying "I am the Prophet undoubtedly." (Israil and Zuhair said, "The Prophet dismounted from his Mule.")

The Messenger of Allah (saws) said to me: O AbuDharr. I replied: At thy service and at thy pleasure, Messenger of Allah. He then mentioned the tradition in which he said: What will you do when there the death of the people (in Medina) and a house will reach the value of a slave (that is, a grave will be sold for a slave).

I replied: Allah and His Apostle know best. Or he said: What Allah and His Apostle choose for me.

He said: You must show endurance. Or he said; you may endure. He then said to me: What will you do, AbuDharr, when you see the Ahjar az-Zayt covered with blood?

I replied: What Allah and His Apostle choose for me.

He said: You must go to those who are like-minded.

I asked: Should I not take my sword and put it on my shoulder? He replied: you would then associate yourself with the people. I then asked: What do you order me to do? You must stay at home. I asked: (What should I do) if people enter my house and find me?

He replied: If you are afraid the gleam of the sword may dazzle you, put the end of your garment over your face in order that (the one who kills you) may bear the punishment of your sins and his.

Abu Dawud said: No one mentioned al-Mush'ath in the chain of this tradition except Hammad b. Zaid.

The Messenger of Allah (saws) made a brotherhood between two men, one of whom was killed (in Allah's path), and a week or thereabouts later the other died, and we prayed at his funeral). The Messenger of Allah (saws) asked: What did you say? We replied: We prayed for him and said: O Allah, forgive him, and join him to his companion. The Messenger of Allah (saws) said: What about his prayers since the time the other died, and his fasting since the time the other died--the narrator Shu'bah doubted the words, "his fasting--and his deeds since the time the other died. The distance between them is just like the distance between heaven and earth.

that once he was with Allah's Apostle (on the way to Mecca). When he had covered some of the way to Mecca, he and some companions of his, who were in the state of lhram. remained behind the Prophet while Abu Qatada himself was not in the state of Ihram. Abu Qatada, seeing an onager rode his horse and asked his companions to hand him a whip, but they refused. He then asked them to hand him his spear, but they refused. Then he took it himself and attacked the onager and killed it. Some of the Companions of Allah's Apostle ate of it, but some others refused to eat. When they met Allah's Apostle they asked him about that. He said, "It was meal given to you by Allah."

The Quraish people became very worried about the Makhzumiya lady who had committed theft. They said, "Nobody can speak (in favor of the lady) to Allah's Apostle and nobody dares do that except Usama who is the favorite of Allah's Apostle. " When Usama spoke to Allah's Apostle about that matter, Allah's Apostle said, "Do you intercede (with me) to violate one of the legal punishment of Allah?" Then he got up and addressed the people, saying, "O people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand.!"

We set out with Allah's Apostle, and some of us assumed the lhram for `Umra, some assumed it for Hajj, and some assumed it for both Hajj and `Umra. Allah's Apostle assumed the Ihram for Hajj. So those who had assumed the Ihram for Hajj or for both Hajj and `Umra, did not finish their Ihram till the day of An-Nahr (i.e. slaughter of sacrifices).

Malik also narrated as above, saying, "(We set out) with Allah's Apostle in Hajjat-ul-Wada`...)"

This hadith also reaches us through another chain.

Yahya related to me from Malik from Abu Nuaym that Wahb ibn Kaysan said, "The Messenger of Allah, may Allah bless him and grant him peace, was brought food while his stepson Umar ibn Salama was with him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Say "Bismillah," and eat what is in front of you.' "

A man from among the people, came to Allah's Apostle while Allah's Apostle was sitting in the mosque, and addressed him, saying, "O Allah's Apostle! I have committed an illegal sexual intercourse." The Prophet turned his face away from him. The man came to that side to which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed an illegal intercourse." The Prophet turned his face to the other side, and the man came to that side, and when he confessed four times, the Prophet called him and said, "Are you mad?" He said, "No, O Allah's Apostle!" The Prophet said, "Are you married?" He said, "Yes, O Allah's Apostle." The Prophet said (to the people), "Take him away and stone him to death." Ibn Shihab added, "I was told by one who heard Jabir, that Jabir said, 'I was among those who stoned the man, and we stoned him at the Musalla (`Id praying Place), and when the stones troubled him, he jumped quickly and ran away, but we overtook him at Al-Harra and stoned him to death (there).' "

We went out with Allah's Apostle during Hajjat-ul-Wada` and we assumed the Ihram for `Umra. Then Allah's Apostle said to us, "Whoever has got the Hadi should assume the Ihram for Hajj and `Umra and should not finish his Ihram till he has performed both (`Umra and Hajj)." I arrived at Mecca along with him (i.e. the Prophet ) while I was menstruating, so I did not perform the Tawaf around the Ka`ba or between Safa and Marwa. I informed Allah's Apostle about that and he said, "Undo your braids and comb your hair, and then assume the lhram for Hajj and leave the `Umra." I did so, and when we performed and finished the Hajj, Allah's Apostles sent me to at-Tan`im along with (my brother) `Abdur-Rahman bin Abu Bakr As-Siddiq, to perform the `Umra. The Prophet said, "This `Umra is in lieu of your missed `Umra." Those who had assumed the lhram for `Umra, performed the Tawaf around the Ka`ba and between Safa and Marwa, and then finished their Ihram, and on their return from Mina, they performed another Tawaf (around the Ka`ba and between Safa and Marwa), but those who combined their Hajj and `Umra, performed only one Tawaf (between Safa and Marwa) (for both).

When we conquered Khaibar, we gained neither gold nor silver as booty, but we gained cows, camels, goods and gardens. Then we departed with Allah's Apostle to the valley of Al-Qira, and at that time Allah's Apostle had a slave called Mid`am who had been presented to him by one of Banu Ad-Dibbab. While the slave was dismounting the saddle of Allah's Apostle an arrow the thrower of which was unknown, came and hit him. The people said, "Congratulations to him for the martyrdom." Allah's Apostle said, "No, by Him in Whose Hand my soul is, the sheet (of cloth) which he had taken (illegally) on the day of Khaibar from the booty before the distribution of the booty, has become a flame of Fire burning him." On hearing that, a man brought one or two leather straps of shoes to the Prophet and said, "These are things I took (illegally)." On that Allah's Apostle said, "This is a strap, or these are two straps of Fire."

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is ...

I then asked: Messenger of Allah, (what should we do), if the people are assembled together?

He replied: If it is within your power that no one looks at it, then no one should look at it.

I then asked: Messenger of Allah if one of us is alone, (what should he do)?

He replied: Allah is more entitled than people that bashfulness should be shown to him.

In the last Hajj of Allah's Apostle I assumed the Ihram for Hajj along with Allah Apostle. I was one of those who intended Tamattu` (to perform Hajj and `Umra) and did not take the Hadi (animal for sacrifice) with me. I got my menses and was not clean till the night of `Arafa I said, "O Allah's Apostle! It is the night of the day of `Arafat and I intended to perform the Hajj Tamattu` with `Umra. Allah's Apostle told me to undo my hair and comb it and to postpone the `Umra. I did the same and completed the Hajj. On the night of Al-Hasba (i.e. place outside Mecca where the pilgrims go after finishing all the ceremonies of Hajj at Mina) he (the Prophet) ordered `Abdur Rahman (`Aisha's brother) to take me to at-Tan`im to assume the lhram for `Umra in lieu of that of Hajj-at-Tamattu` which I had intended to perform.

We were informed that Musailima Al-Kadhdhab had arrived in Medina and stayed in the house of the daughter of Al-Harith. The daughter of Al-Harith bin Kuraiz was his wife and she was the mother of `Abdullah bin 'Amir. There came to him Allah's Apostle accompanied by Thabit bin Qais bin Shammas who was called the orator of Allah's Apostle. Allah's Apostle had a stick in his hand then. The Prophet stopped before Musailima and spoke to him. Musailima said to him, "If you wish, we would not interfere between you and the rule, on condition that the rule will be ours after you... The Prophet said, "If you asked me for this stick, I would not give it to you. I think you are the same person who was shown to me in a dream. And this is Thabit bin Al-Qais who will answer you on my behalf." The Prophet then went away. I asked Ibn `Abbas about the dream Allah's Apostle had mentioned. Ibn `Abbas said, "Someone told me that the Prophet said, "When I was sleeping, I saw in a dream that two gold bangles were put in my hands, and that frightened me and made me dislike them. Then I was allowed to blow on them, and when I blew at them, both of them flew. Then I interpreted them as two liars who would appear.' One of them was Al-`Ansi who was killed by Fairuz in Yemen and the other was Musailima Al-Kadhdbab."

The Prophet (saws) wrote a letter to Heraclius: "From Muhammad, the Messenger of Allah, to Hiraql (Heraclius), Chief of the Byzantines. Peace be to those who follow the guidance." Ibn Yahya reported on the authority of Ibn Abbas that AbuSufyan said to him: We then came to see Hiraql (Heraclius) who seated us before him. He then called for the letter from the Messenger of Allah (saws). Its contents were: "In the name of Allah, the Compassionate, the Merciful, from Muhammad the Messenger of Allah, to Hiraql, chief of Byzantines. Peace be to those who follow the guidance. To proceed."

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that the Messenger of Allah, may Allah bless him and grant him peace, gave a man from the Banu Abd al-Ashal charge over some sadaqa. When he came to ask him for some camels from the sadaqa, the Messenger of Allah, may Allah bless him and grant him peace, was so angry that the anger showed in his face. One way in which anger could be recognised in his face was that his eyes became red. Then he said, "This man has asked me for what is not good for me or him. If I refuse it, I hate to refuse. If I give it to him, I will give him what is not good for me or him." The man said, "Messenger of Allah! I will never ask you for any of it!"

Allah, the brother of Abu Al-Qu'ais asked my permission to enter after the verses of Al-Hijab (veiling the ladies) was revealed, and I said, "By Allah, I will not admit him unless I take permission of Allah's Apostle for it was not the brother of Al-Qu'ais who had suckled me, but it was the wife of Al-Qu'ais, who had suckled me." Then Allah's Apostle entered upon me, and I said, "O Allah's Apostle! The man has not nursed me but his wife has nursed me." He said, "Admit him because he is your uncle (not from blood relation, but because you have been nursed by his wife), Taribat Yaminuki." `Urwa said, "Because of this reason, ' Aisha used to say: Foster suckling relations render all those things (marriages etc.) illegal which are illegal because of the corresponding blood relations." (See Hadith No. 36, Vol. 7)

Fatima and Al `Abbas came to Abu Bakr, seeking their share from the property of Allah's Apostle and at that time, they were asking for their land at Fadak and their share from Khaibar. Abu Bakr said to them, " I have heard from Allah's Apostle saying, 'Our property cannot be inherited, and whatever we leave is to be spent in charity, but the family of Muhammad may take their provisions from this property." Abu Bakr added, "By Allah, I will not leave the procedure I saw Allah's Apostle following during his lifetime concerning this property." Therefore Fatima left Abu Bakr and did not speak to him till she died.

I heard `Aisha saying, "Five days before the end of Dhul-Qa'da we set out from Medina in the company of Allah's Apostle with the intention of performing Hajj only. When we approached Mecca, Allah's Apostle ordered those who had no Hadi with them to finish their lhram after performing Tawaf of the Ka`ba and (Sa`i) and between Safa and Marwa." `Aisha added, "On the day of Nahr (slaughtering of sacrifice) beef was brought to us. I asked, 'What is this?' The reply was, 'Allah's Apostle (p.b.u.h) has slaughtered (sacrifices) on behalf of his wives.' "