Allah's Apostle sent out ten spies under the command of `Asim bin Thabit Al-Ansari, the grand-father of `Asim bin `Umar Al-Khattab. When they reached (a place called) Al-Hadah between 'Usfan and Mecca, their presence was made known to a sub-tribe of Hudhail called Banu Lihyan. So they sent about one hundred archers after them. The archers traced the footsteps (of the Muslims) till they found the traces of dates which they had eaten at one of their camping places. The archers said, "These dates are of Yathrib (i.e. Medina)," and went on tracing the Muslims' footsteps. When `Asim and his companions became aware of them, they took refuge in a (high) place. But the enemy encircled them and said, "Come down and surrender. We give you a solemn promise and covenant that we will not kill anyone of you." `Asim bin Thabit said, "O people! As for myself, I will never get down to be under the protection of an infidel. O Allah! Inform your Prophet about us." So the archers threw their arrows at them and martyred `Asim. Three of them came down and surrendered to them, accepting their promise and covenant and they were Khubaib, Zaid bin Ad-Dathina and another man. When the archers got hold of them, they untied the strings of the arrow bows and tied their captives with them. The third man said, "This is the first proof of treachery! By Allah, I will not go with you for I follow the example of these." He meant the martyred companions. The archers dragged him and struggled with him (till they martyred him). Then Khubaib and Zaid bin Ad-Dathina were taken away by them and later on they sold them as slaves in Mecca after the event of the Badr battle. The sons of Al-Harit bin `Amr bin Naufal bought Khubaib for he was a person who had killed (their father) Al-Hari bin `Amr on the day (of the battle) of Badr. Khubaib remained imprisoned by them till they decided unanimously to kill him. One day Khubaib borrowed from a daughter of Al-Harith, a razor for shaving his pubic hair, and she lent it to him. By chance, while she was inattentive, a little son of hers went to him (i.e. Khubaib) and she saw that Khubaib had seated him on his thigh while the razor was in his hand. She was so much terrified that Khubaib noticed her fear and said, "Are you afraid that I will kill him? Never would I do such a thing." Later on (while narrating the story) she said, "By Allah, I had never seen a better captive than Khubaib. By Allah, one day I saw him eating from a bunch of grapes in his hand while he was fettered with iron chains and (at that time) there was no fruit in Mecca." She used to say," It was food Allah had provided Khubaib with." When they took him to Al-Hil out of Mecca sanctuary to martyr him, Khubaib requested them. "Allow me to offer a two-rak`at prayer." They allowed him and he prayed two rak`at and then said, "By Allah! Had I not been afraid that you would think I was worried, I would have prayed more." Then he (invoked evil upon them) saying, "O Allah! Count them and kill them one by one, and do not leave anyone of them"' Then he recited: "As I am martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, for this is for the Cause of Allah. If He wishes, He will bless the cut limbs of my body." Then Abu Sarva, 'Ubqa bin Al-Harith went up to him and killed him. It was Khubaib who set the tradition of praying for any Muslim to be martyred in captivity (before he is executed). The Prophet told his companions of what had happened (to those ten spies) on the same day they were martyred. Some Quraish people, being informed of `Asim bin Thabit's death, sent some messengers to bring a part of his body so that his death might be known for certain, for he had previously killed one of their leaders (in the battle of Badr). But Allah sent a swarm of wasps to protect the dead body of `Asim, and they shielded him from the messengers who could not cut anything from his body.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "The idda of the woman who bleeds constantly is a year."

Malik said, "What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable."

Malik said, "The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her."

Malik said, "What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce."

We came upon `Abdullah bin Mas`ud and he said "O people! If somebody knows something, he can say it, but if he does not know it, he should say, "Allah knows better,' for it is a sign of having knowledge to say about something which one does not know, 'Allah knows better.' Allah said to His Prophet: 'Say (O Muhammad ! ) No wage do I ask of You for this (Qur'an) nor am I one of the pretenders (a person who pretends things which do not exist).' (38.86) Now I will tell you about Ad- Dukhan (the smoke), Allah's Apostle invited the Quraish to embrace Islam, but they delayed their response. So he said, "O Allah! Help me against them by sending on them seven years of famine similar to the seven years of famine of Joseph." So the famine year overtook them and everything was destroyed till they ate dead animals and skins. People started imagining to see smoke between them and the sky because of severe hunger. Allah said: 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible, covering the people. . . This is painful torment.' (44.10-11) (So they invoked Allah) "Our Lord! Remove the punishment from us really we are believers." How can there be an (effectual) reminder for them when an Apostle, explaining things clearly, has already come to them? Then they had turned away from him and said: 'One taught (by a human being), a madman?' 'We shall indeed remove punishment for a while, but truly, you will revert (to disbelief).' (44.12-15) Will the punishment be removed on the Day of Resurrection?" `Abdullah added, "The punishment was removed from them for a while but they reverted to disbelief, so Allah destroyed them on the Day of Badr. Allah said: 'The day We shall seize you with a mighty grasp. We will indeed (then) exact retribution." (44.16)

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

When the Hawazin delegation came to Allah's Apostle after they had embraced Islam and requested him to return their properties and war prisoners to them, Allah's Apostle said, "To me the best talk is the truest, so you may choose either of two things; the war prisoners or the wealth, for I have delayed their distribution." Allah's Apostle had waited for them for over ten days when he returned from Ta'if. So, when those people came to know that Allah's Apostle was not going to return to them except one of the two things the said, "We choose our war Prisoners 'Allah's Apostle stood up amongst the Muslims, and after glorifying Allah as He deserved, he said, "Now then, these brothers of yours have come to us with repentance, and I see it logical that I should return their captives to them, so whoever of you likes to do that as a favor then he can do it, and whoever amongst you likes to stick to his share, let him give up his prisoners and we will compensate him from the very first Fai' (i.e. war booty received without fight) which Allah will give us." On that, all the people said. 'O Allah's Apostles We have agreed willingly to do so (return the captives)" Then Allah's Apostle said to them "I do not know who amongst you has agreed to this and who has not. You should return and let your leaders inform me of your agreement." The people returned and their leaders spoke to them, and then came to Allah's Apostle and said, "All the people have agreed willingly to do so and have given the permission to return the war prisoners (without Compensation)" (Az-Zuhri, the sub-narrator states) This is what has been related to us about the captives of Hawazin.

I never heard `Umar saying about something that he thought it would be so-and-so, but he was quite right. Once, while `Umar was sitting, a handsome man passed by him, `Umar said, "If I am not wrong, this person is still on his religion of the pre-lslamic period of ignorance or he was their foreteller. Call the man to me." When the man was called to him, he told him of his thought. The man said, "I have never seen such a day on which a Muslim is faced with such an accusation." `Umar said, "I am determined that you should tell me the truth." He said, "I was a foreteller in the pre-lslamic period of ignorance." Then `Umar said, "Tell me the most astonishing thing your female Jinn has told you of." He said, "One-day while I was in the market, she came to me scared and said, 'Haven't you seen the Jinns and their despair and they were overthrown after their defeat (and prevented from listening to the news of the heaven) so that they (stopped going to the sky and) kept following camel-riders (i.e. 'Arabs)?" `Umar said, "He is right." and added, "One day while I was near their idols, there came a man with a calf and slaughtered it as a sacrifice (for the idols). An (unseen) creature shouted at him, and I have never heard harsher than his voice. He was crying, 'O you bold evil-doer! A matter of success! An eloquent man is saying: None has the right to be worshipped except you (O Allah).' On that the people fled, but I said, 'I shall not go away till I know what is behind this.' Then the cry came again: 'O you bold evil-doer! A matter of success! An eloquent man is saying: None has the right to be worshipped except Allah.' I then went away and a few days later it was said, "A prophet has appeared."

Yahya related to me from Malik from Ibn Shihab that Sahl ibn Sad as-Saidi told him that Uwaymir al-Ajlani came to Asim ibn Adi al- Ansari and said to him, "Asim! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should .he do? Asim! ask the Messenger of Allah, may Allah bless him and grant him peace, about that for me." Asim 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, was revolted by the questions and reproved them until what he heard from the Messenger of Allah, may Allah bless him and grant him peace. was intolerable for Asim. When Asim returned to his people, Uwaymir came to him and said, " Asim! what did the Messenger of Allah, may Allah bless him and grant him peace, say to you?" Asim said to Uwaymir, "You didn't bring me any good. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the question which I asked him." Uwaymir said, "By Allah! I will not stop until I ask him about it!" Uwaymir stood up and went to the Messenger of Allah, may Allah bless him and grant him peace, in the middle of the people and said, "Messenger of Allah! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should he do?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Something has been sent down about you and your wife, so go and bring her."

Sahl continued, "They mutually cursed one another in the presence of the Messenger, may Allah bless him and grant him peace, and I was present with the people. When they finished cursing each other, Uwaymir said, 'I shall have lied about her, Messenger of Allah, if I keep her,' and pronounced the divorce three times before the Messenger of Allah, may Allah bless him and grant him peace, ordered him to do it."

Malik said that Ibn Shihab said, "That was how the sunna of a couple mutually cursing each other was established (lian)."

Sa`d bin Mu`adh came to Mecca with the intention of performing `Umra, and stayed at the house of Umaiya bin Khalaf Abi Safwan, for Umaiya himself used to stay at Sa`d's house when he passed by Medina on his way to Sham. Umaiya said to Sa`d, "Will you wait till midday when the people are (at their homes), then you may go and perform the Tawaf round the Ka`ba?" So, while Sa`d was going around the Ka`ba, Abu Jahl came and asked, "Who is that who is performing Tawaf?" Sa`d replied, "I am Sa`d." Abu Jahl said, "Are you circumambulating the Ka`ba safely although you have given refuge to Muhammad and his companions?" Sa`d said, "Yes," and they started quarreling. Umaiya said to Sa`d, "Don't shout at Abi-l-Hakam (i.e. Abu Jahl), for he is chief of the valley (of Mecca)." Sa`d then said (to Abu Jahl). 'By Allah, if you prevent me from performing the Tawaf of the Ka`ba, I will spoil your trade with Sham." Umaiya kept on saying to Sa`d, "Don't raise your voice." and kept on taking hold of him. Sa`d became furious and said, (to Umaiya), "Be away from me, for I have heard Muhammad saying that he will kill you." Umaiiya said, "Will he kill me?" Sa`d said, "Yes,." Umaiya said, "By Allah! When Muhammad says a thing, he never tells a lie." Umaiya went to his wife and said to her, "Do you know what my brother from Yathrib (i.e. Medina) has said to me?" She said, "What has he said?" He said, "He claims that he has heard Muhammad claiming that he will kill me." She said, By Allah! Muhammad never tells a lie." So when the infidels started to proceed for Badr (Battle) and declared war (against the Muslims), his wife said to him, "Don't you remember what your brother from Yathrib told you?" Umaiya decided not to go but Abu Jahl said to him, "You are from the nobles of the valley (of Mecca), so you should accompany us for a day or two." He went with them and thus Allah got him killed.

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two deens shall not co-exist in the Arabian Peninsula."

Malik said that Ibn Shihab said, ''Umar ibn al-Khattab searched for information about that until he was absolutely convinced that the Messenger of Allah, may Allah bless him and grant him peace, had said, 'Two deens shall not co-exist in the Arabian Peninsula,' and he therefore expelled the jews from Khaybar."

Malik said, ''Umar ibn al-Khattab expelled the jews from Najran (a jewish settlement in the Yemen) and Fadak (a jewish settlement thirty miles from Madina). When the jews of Khaybar left, they did not take any fruit or land. The jews of Fadak took half the fruit and half the land, because the Messenger of Allah, may Allah bless him and grant him peace, had made a settlement with them for that. So Umar entrusted to them the value in gold, silver, camels, ropes and saddle bags of half the fruit and half the land, and handed the value over to them and expelled them."

The Prophet fought with the people of Khaybar, and captured their palm-trees and land, and forced them to remain confined to their fortresses. So they concluded a treaty of peace providing that gold, silver and weapons would go to the Messenger of Allah (saws), and whatever they took away on their camels would belong to them, on condition that they would not hide and carry away anything. If they did (so), there would be no protection for them and no treaty (with Muslims).

They carried away a purse of Huyayy ibn Akhtab who was killed before (the battle of) Khaybar. He took away the ornaments of Banu an-Nadir when they were expelled.

The Prophet (saws) asked Sa'yah: Where is the purse of Huyayy ibn Akhtab?

He replied: The contents of this purse were spent on battles and other expenses. (Later on) they found the purse. So he killed Ibn AbulHuqayq, captured their women and children, and intended to deport them.

They said: Muhammad, leave us to work on this land; we shall have half (of the produce) as you wish, and you will have half. The Messenger of Allah (saws) used to make a contribution of eighty wasqs of dates and twenty wasqs of wheat to each of his wives.

Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."

Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."

Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "

[He said:] There are narrations on this topic from Abu Sa'eed and 'Atiyyah Al-Qurazi.

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

We were in the company of the Prophet in a Ghazwa. A large number of emigrants joined him and among the emigrants there was a person who used to play jokes (or play with spears); so he (jokingly) stroked an Ansari man on the hip. The Ans-ari got so angry that both of them called their people. The Ansari said, "Help, O Ansar!" And the emigrant said "Help, O emigrants!" The Prophet came out and said, "What is wrong with the people (as they are calling) this call of the period of Ignorance? "Then he said, "What is the matter with them?" So he was told about the stroke of the emigrant to the Ansari. The Prophet said, "Stop this (i.e. appeal for help) for it is an evil call. "Abdullah bin Ubai bin Salul (a hypocrite) said, "The emigrants have called and (gathered against us); so when we return to Medina, surely, the more honorable people will expel therefrom the meaner," Upon that `Umar said, "O Allah's Prophet! Shall we not kill this evil person (i.e. `Abdullah bin Ubai bin Salul) ?" The Prophet) said, "(No), lest the people should say that Muhammad used to kill his companions."

On his father's authority, said that his grandfather reported the Prophet (saws) said: Blood-wit for what resembles intentional murder is to be made as severe as that for intentional murder, but the culprit is not to be killed. Khalid gave us some additional information on the authority of Ibn Rashid: That (unintentional murder which resembles intentional murder) means that Satan jumps among the people and then the blood is shed blindly without any malice and weapon.

A Jew passed by Allah's Apostle and said, "As-Samu 'Alaika." Allah's Apostle said in reply, "We 'Alaika." Allah's Apostle then said to his companions, "Do you know what he (the Jew) has said? He said, 'As-Samu 'Alaika.'" They said, "O Allah's Apostle! Shall we kill him?" The Prophet, said, "No. When the people of the Book greet you, say: 'Wa 'Alaikum.'"

Allah's Apostle said, "While I was sleeping, two golden bangles were put in my two hands, so I got scared (frightened) and disliked it, but I was given permission to blow them off, and they flew away. I interpret it as a symbol of two liars who will appear." 'Ubaidullah said, "One of them was Al-`Ansi who was killed by Fairuz at Yemen and the other was Musailama (at Najd) .

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)."

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.

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.”

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."

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