Khalid ibn Dihqan said: When we were engaged in the battle of Constantinople at Dhuluqiyyah, a man of the people of Palestine, who was one of their nobility and elite and whose rank was known to them, came forward. He was called Hani ibn Kulthum ibn Sharik al-Kinani. He greeted Abdullah ibn Zakariyya who knew his rank.

Khalid said to us: Abdullah ibn AbuZakariyya told us: I heard Umm ad-Darda' say: I heard AbudDarda' say: I heard the Messenger of Allah (saws) say: It is hoped that Allah may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer.

Hani ibn Kulthum ar-Rabi' then said: I heard Mahmud ibn ar-Rabi' transmitting a tradition from Ubadah ibn as-Samit who transmitted from the Messenger of Allah (saws) who said: If a man kills a believer unjustly, Allah will not accept any action or duty of his, obligatory or supererogatory.

Khalid then said to us: Ibn AbuZakariyya transmitted a tradition to us from Umm ad-Darda' on the authority of AbudDarda' from the Messenger of Allah (saws) who said: A believer will continue to go on quickly and well so long as he does not shed unlawful blood; when he sheds unlawful blood, he becomes slow and heavy-footed.

A similar tradition has been transmitted by Hani ibn Kulthum from Mahmud ibn ar-Rabi' on the authority of Ubadah ibn as-Samit from the Messenger of Allah (saws).

The Prophet (saws) said: When your brethren were smitten at the battle of Uhud, Allah put their spirits in the crops of green birds which go down to the rivers of Paradise, eat its fruit and nestle in lamps of gold in the shade of the Throne. Then when they experienced the sweetness of their food, drink and rest, they asked: Who will tell our brethren about us that we are alive in Paradise provided with provision, in order that they might not be disinterested in jihad and recoil in war? Allah Most High said: I shall tell them about you; so Allah sent down; "And do not consider those who have been killed in Allah's path." till the end of the verse.

The Messenger of Allah (saws) said: Muslims are equal in respect of blood. The lowest of them is entitled to give protection on behalf of them, and the one residing far away may give protection on behalf of them. They are like one hand over against all those who are outside the community. Those who have quick mounts should return to those who have slow mounts, and those who got out along with a detachment (should return) to those who are stationed. A believer shall not be killed for an unbeliever, nor a confederate within the term of confederation with him.

Ibn Ishaq did not mention retaliation and equality in respect of blood.

(the wife of the Prophet) "Whenever Allah's Apostle intended to go on a journey, he would draw lots amongst his wives and would take with him the one upon whom the lot fell. During a Ghazwa of his, he drew lots amongst us and the lot fell upon me, and I proceeded with him after Allah had decreed the use of the veil by women. I was carried in a Howdah (on the camel) and dismounted while still in it. When Allah's Apostle was through with his Ghazwa and returned home, and we approached the city of Medina, Allah's Apostle ordered us to proceed at night. When the order of setting off was given, I walked till I was past the army to answer the call of nature. After finishing I returned (to the camp) to depart (with the others) and suddenly realized that my necklace over my chest was missing. So, I returned to look for it and was delayed because of that. The people who used to carry me on the camel, came to my Howdah and put it on the back of the camel, thinking that I was in it, as, at that time, women were light in weight, and thin and lean, and did not use to eat much. So, those people did not feel the difference in the heaviness of the Howdah while lifting it, and they put it over the camel. At that time I was a young lady. They set the camel moving and proceeded on. I found my necklace after the army had gone, and came to their camp to find nobody. So, I went to the place where I used to stay, thinking that they would discover my absence and come back in my search. While in that state, I felt sleepy and slept. Safwan bin Mu'attal As-Sulami Adh-Dhakwani was behind the army and reached my abode in the morning. When he saw a sleeping person, he came to me, and he used to see me before veiling. So, I got up when I heard him saying, "Inna lil-lah-wa inn a ilaihi rajiun (We are for Allah, and we will return to Him)." He made his camel knell down. He got down from his camel, and put his leg on the front legs of the camel and then I rode and sat over it. Safwan set out walking, leading the camel by the rope till we reached the army who had halted to take rest at midday. Then whoever was meant for destruction, fell into destruction, (some people accused me falsely) and the leader of the false accusers was `Abdullah bin Ubai bin Salul. After that we returned to Medina, and I became ill for one month while the people were spreading the forged statements of the false accusers. I was feeling during my ailment as if I were not receiving the usual kindness from the Prophet which I used to receive from him when I got sick. But he would come, greet and say, 'How is that (girl)?' I did not know anything of what was going on till I recovered from my ailment and went out with Um Mistah to the Manasi where we used to answer the call of nature, and we used not to go to answer the call of nature except from night to night and that was before we had lavatories near to our houses. And this habit of ours was similar to the habit of the old 'Arabs in the open country (or away from houses). So. I and Um Mistah bint Ruhm went out walking. Um Mistah stumbled because of her long dress and on that she said, 'Let Mistah be ruined.' I said, 'You are saying a bad word. Why are you abusing a man who took part in (the battle of) Badr?' She said, 'O Hanata (you there) didn't you hear what they said?' Then she told me the rumors of the false accusers. My sickness was aggravated, and when I returned home, Allah's Apostle came to me, and after greeting he said, 'How is that (girl)?' I requested him to allow me to go to my parents. I wanted then to be sure of the news through them I Allah's Apostle allowed me, and I went to my parents and asked my mother, 'What are the people talking about?' She said, 'O my daughter! Don't worry much about this matter. By Allah, never is there a charming woman loved by her husband who has other wives, but the women would forge false news about her.' I said, 'Glorified be Allah! Are the people really taking of this matter?' That night I kept on weeping and could not sleep till morning. In the morning Allah's Apostle called `Ali bin Abu Talib and Usama bin Zaid when he saw the Divine Inspiration delayed, to consul them about divorcing his wife (i.e. `Aisha). Usama bin Zaid said what he knew of the good reputation of his wives and added, 'O Allah's Apostle! Keep you wife, for, by Allah, we know nothing about her but good.' `Ali bin Abu Talib said, 'O Allah's Apostle! Allah has no imposed restrictions on you, and there are many women other than she, yet you may ask the woman-servant who will tell you the truth.' On that Allah's Apostle called Barirah and said, 'O Barirah. Did you ever see anything which roused your suspicions about her?' Barirah said, 'No, by Allah Who has sent you with the Truth, I have never seen in her anything faulty except that she is a girl of immature age, who sometimes sleeps and leaves the dough for the goats to eat.' On that day Allah's Apostle ascended the pulpit and requested that somebody support him in punishing `Abdullah bin Ubai bin Salul. Allah's Apostle said, 'Who will support me to punish that person (`Abdullah bin Ubai bin Salul) who has hurt me by slandering the reputation of my family? By Allah, I know nothing about my family but good, and they have accused a person about whom I know nothing except good, and he never entered my house except in my company.' Sa`d bin Mu`adh got up and said, 'O Allah's Apostle! by Allah, I will relieve you from him. If that man is from the tribe of the Aus, then we will chop his head off, and if he is from our brothers, the Khazraj, then order us, and we will fulfill your order.' On that Sa`d bin 'Ubada, the chief of the Khazraj and before this incident, he had been a pious man, got up, motivated by his zeal for his tribe and said, 'By Allah, you have told a lie; you cannot kill him, and you will never be able to kill him.' On that Usaid bin Al-Hadir got up and said (to Sa`d bin 'Ubada), 'By Allah! you are a liar. By Allah, we will kill him; and you are a hypocrite, defending the hypocrites.' On this the two tribes of Aus and Khazraj got excited and were about to fight each other, while Allah's Apostle was standing on the pulpit. He got down and quieted them till they became silent and he kept quiet. On that day I kept on weeping so much so that neither did my tears stop, nor could I sleep. In the morning my parents were with me and I had wept for two nights and a day, till I thought my liver would burst from weeping. While they were sitting with me and I was weeping, an Ansari woman asked my permission to enter, and I allowed her to come in. She sat down and started weeping with me. While we were in this state, Allah's Apostle came and sat down and he had never sat with me since the day they forged the accusation. No revelation regarding my case came to him for a month. He recited Tashah-hud (i.e. None has the right to be worshipped but Allah and Muhammad is His Apostle) and then said, 'O `Aisha! I have been informed such-and-such about you; if you are innocent, then Allah will soon reveal your innocence, and if you have committed a sin, then repent to Allah and ask Him to forgive you, for when a person confesses his sin and asks Allah for forgiveness, Allah accepts his repentance.' When Allah's Apostle finished his speech my tears ceased completely and there remained not even a single drop of it. I requested my father to reply to Allah's Apostle on my behalf. My father said, By Allah, I do not know what to say to Allah's Apostle.' I said to my mother, 'Talk to Allah's Apostle on my behalf.' She said, 'By Allah, I do not know what to say to Allah's Apostle. I was a young girl and did not have much knowledge of the Qur'an. I said. 'I know, by Allah, that you have listened to what people are saying and that has been planted in your minds and you have taken it as a truth. Now, if I told you that I am innocent and Allah knows that I am innocent, you would not believe me and if I confessed to you falsely that I am guilty, and Allah knows that I am innocent you would believe me. By Allah, I don't compare my situation with you except to the situation of Joseph's father (i.e. Jacob) who said, 'So (for me) patience is most fitting against that which you assert and it is Allah (Alone) whose help can be sought.' Then I turned to the other side of my bed hoping that Allah would prove my innocence. By Allah I never thought that Allah would reveal Divine Inspiration in my case, as I considered myself too inferior to be talked of in the Holy Qur'an. I had hoped that Allah's Apostle might have a dream in which Allah would prove my innocence. By Allah, Allah's Apostle had not got up and nobody had left the house before the Divine Inspiration came to Allah's Apostle. So, there overtook him the same state which used to overtake him, (when he used to have, on being inspired divinely). He was sweating so much so that the drops of the sweat were dropping like pearls though it was a (cold) wintry day. When that state of Allah's Apostle was over, he was smiling and the first word he said, `Aisha! Thank Allah, for Allah has declared your innocence.' My mother told me to go to Allah's Apostle . I replied, 'By Allah I will not go to him and will not thank but Allah.' So Allah revealed: "Verily! They who spread the slander are a gang among you . . ." (24.11) When Allah gave the declaration of my Innocence, Abu Bakr, who used to provide for Mistah bin Uthatha for he was his relative, said, 'By Allah, I will never provide Mistah with anything because of what he said about Aisha.' But Allah later revealed: -- "And let not those who are good and wealthy among you swear not to help their kinsmen, those in need and those who left their homes in Allah's Cause. Let them forgive and overlook. Do you not wish that Allah should forgive you? Verily! Allah is Oft-forgiving, Most Merciful." (24.22) After that Abu Bakr said, 'Yes ! By Allah! I like that Allah should forgive me,' and resumed helping Mistah whom he used to help before. Allah's Apostle also asked Zainab bint Jahsh (i.e. the Prophet's wife about me saying, 'What do you know and what did you see?' She replied, 'O Allah's Apostle! I refrain to claim hearing or seeing what I have not heard or seen. By Allah, I know nothing except goodness about Aisha." Aisha further added "Zainab was competing with me (in her beauty and the Prophet's love), yet Allah protected her (from being malicious), for she had piety."

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

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."

Harithah ibn Mudarrib said that he came to Abdullah ibn Mas'ud and said (to him): There is no enmity between me and any of the Arabs. I passed a mosque of Banu Hanifah. They (the people) believed in Musaylimah. Abdullah (ibn Mas'ud) sent for them. They were brought, and he asked them to repent, except Ibn an-Nawwahah. He said to him: I heard the Messenger of Allah (saws) say: Were it not that you were not a messenger, I would behead you. But today you are not a messenger. He then ordered Qarazah ibn Ka'b (to kill him). He beheaded him in the market. Anyone who wants to see Ibn an-Nawwahah slain in the market (he may see him).

(whose narrations attest each other) Allah's Apostle set out at the time of Al-Hudaibiya (treaty), and when they proceeded for a distance, he said, "Khalid bin Al-Walid leading the cavalry of Quraish constituting the front of the army, is at a place called Al-Ghamim, so take the way on the right." By Allah, Khalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraish. The Prophet went on advancing till he reached the Thaniya (i.e. a mountainous way) through which one would go to them (i.e. people of Quraish). The she-camel of the Prophet sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, "Al-Qaswa' (i.e. the she-camel's name) has become stubborn! Al-Qaswa' has become stubborn!" The Prophet said, "Al-Qaswa' has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant." Then he said, "By the Name of Him in Whose Hands my soul is, if they (i.e. the Quraish infidels) ask me anything which will respect the ordinances of Allah, I will grant it to them." The Prophet then rebuked the she-camel and she got up. The Prophet changed his way till he dismounted at the farthest end of Al-Hudaibiya at a pit (i.e. well) containing a little water which the people used in small amounts, and in a short while the people used up all its water and complained to Allah's Apostle; of thirst. The Prophet took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued sprouting out till all the people quenched their thirst and returned with satisfaction. While they were still in that state, Budail bin Warqa-al- Khuza`i came with some persons from his tribe Khuza`a and they were the advisers of Allah's Apostle who would keep no secret from him and were from the people of Tihama. Budail said, "I left Ka`b bin Luai and 'Amir bin Luai residing at the profuse water of Al-Hudaibiya and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Ka`ba." Allah's Apostle said, "We have not come to fight anyone, but to perform the `Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e. the 'Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islam as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious." Budail said, "I will inform them of what you have said." So, he set off till he reached Quraish and said, "We have come from that man (i.e. Muhammad) whom we heard saying something which we will disclose to you if you should like." Some of the fools among Quraish shouted that they were not in need of this information, but the wiser among them said, "Relate what you heard him saying." Budail said, "I heard him saying so-and-so," relating what the Prophet had told him. `Urwa bin Mas`ud got up and said, "O people! Aren't you the sons? They said, "Yes." He added, "Am I not the father?" They said, "Yes." He said, "Do you mistrust me?" They said, "No." He said, "Don't you know that I invited the people of `Ukaz for your help, and when they refused I brought my relatives and children and those who obeyed me (to help you)?" They said, "Yes." He said, "Well, this man (i.e. the Prophet) has offered you a reasonable proposal, you'd better accept it and allow me to meet him." They said, "You may meet him." So, he went to the Prophet and started talking to him. The Prophet told him almost the same as he had told Budail. Then `Urwa said, "O Muhammad! Won't you feel any scruple in extirpating your relations? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reverse should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but people from various tribes who would run away leaving you alone." Hearing that, Abu Bakr abused him and said, "Do you say we would run and leave the Prophet alone?" `Urwa said, "Who is that man?" They said, "He is Abu Bakr." `Urwa said to Abu Bakr, "By Him in Whose Hands my life is, were it not for the favor which you did to me and which I did not compensate, I would retort on you." `Urwa kept on talking to the Prophet and seizing the Prophet's beard as he was talking while Al-Mughira bin Shu`ba was standing near the head of the Prophet, holding a sword and wearing a helmet. Whenever `Urwa stretched his hand towards the beard of the Prophet, Al-Mughira would hit his hand with the handle of the sword and say (to `Urwa), "Remove your hand from the beard of Allah's Apostle." `Urwa raised his head and asked, "Who is that?" The people said, "He is Al-Mughira bin Shu`ba." `Urwa said, "O treacherous! Am I not doing my best to prevent evil consequences of your treachery?" Before embracing Islam Al-Mughira was in the company of some people. He killed them and took their property and came (to Medina) to embrace Islam. The Prophet said (to him, "As regards your Islam, I accept it, but as for the property I do not take anything of it. (As it was taken through treason). `Urwa then started looking at the Companions of the Prophet. By Allah, whenever Allah's Apostle spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them they would carry his orders immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke to him, they would lower their voices and would not look at his face constantly out of respect. `Urwa returned to his people and said, "O people! By Allah, I have been to the kings and to Caesar, Khosrau and An- Najashi, yet I have never seen any of them respected by his courtiers as much as Muhammad is respected by his companions. By Allah, if he spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke, they would lower their voices and would not look at his face constantly out of respect." `Urwa added, "No doubt, he has presented to you a good reasonable offer, so please accept it." A man from the tribe of Bani Kinana said, "Allow me to go to him," and they allowed him, and when he approached the Prophet and his companions, Allah's Apostle said, "He is so-and-so who belongs to the tribe that respects the Budn (i.e. camels of the sacrifice). So, bring the Budn in front of him." So, the Budn were brought before him and the people received him while they were reciting Talbiya. When he saw that scene, he said, "Glorified be Allah! It is not fair to prevent these people from visiting the Ka`ba." When he returned to his people, he said, 'I saw the Budn garlanded (with colored knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Ka`ba." Another person called Mikraz bin Hafs got up and sought their permission to go to Muhammad, and they allowed him, too. When he approached the Muslims, the Prophet said, "Here is Mikraz and he is a vicious man." Mikraz started talking to the Prophet and as he was talking, Suhail bin `Amr came. When Suhail bin `Amr came, the Prophet said, "Now the matter has become easy." Suhail said to the Prophet "Please conclude a peace treaty with us." So, the Prophet called the clerk and said to him, "Write: By the Name of Allah, the most Beneficent, the most Merciful." Suhail said, "As for 'Beneficent,' by Allah, I do not know what it means. So write: By Your Name O Allah, as you used to write previously." The Muslims said, "By Allah, we will not write except: By the Name of Allah, the most Beneficent, the most Merciful." The Prophet said, "Write: By Your Name O Allah." Then he dictated, "This is the peace treaty which Muhammad, Allah's Apostle has concluded." Suhail said, "By Allah, if we knew that you are Allah's Apostle we would not prevent you from visiting the Ka`ba, and would not fight with you. So, write: "Muhammad bin `Abdullah." The Prophet said, "By Allah! I am Apostle of Allah even if you people do not believe me. Write: Muhammad bin `Abdullah." (Az-Zuhri said, "The Prophet accepted all those things, as he had already said that he would accept everything they would demand if it respects the ordinance of Allah, (i.e. by letting him and his companions perform `Umra.)" The Prophet said to Suhail, "On the condition that you allow us to visit the House (i.e. Ka`ba) so that we may perform Tawaf around it." Suhail said, "By Allah, we will not (allow you this year) so as not to give chance to the 'Arabs to say that we have yielded to you, but we will allow you next year." So, the Prophet got that written. Then Suhail said, "We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion." The Muslims said, "Glorified be Allah! How will such a person be returned to the pagans after he has become a Muslim? While they were in this state Abu- Jandal bin Suhail bin `Amr came from the valley of Mecca staggering with his fetters and fell down amongst the Muslims. Suhail said, "O Muhammad! This is the very first term with which we make peace with you, i.e. you shall return Abu Jandal to me." The Prophet said, "The peace treaty has not been written yet." Suhail said, "I will never allow you to keep him." The Prophet said, "Yes, do." He said, "I won't do.: Mikraz said, "We allow you (to keep him)." Abu Jandal said, "O Muslims! Will I be returned to the pagans though I have come as a Muslim? Don't you see how much I have suffered?" (continued...) (continuing... 1): -3.891:... ... Abu Jandal had been tortured severely for the Cause of Allah. `Umar bin Al-Khattab said, "I went to the Prophet and said, 'Aren't you truly the Apostle of Allah?' The Prophet said, 'Yes, indeed.' I said, 'Isn't our Cause just and the cause of the enemy unjust?' He said, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'I am Allah's Apostle and I do not disobey Him, and He will make me victorious.' I said, 'Didn't you tell us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did I tell you that we would visit the Ka`ba this year?' I said, 'No.' He said, 'So you will visit it and perform Tawaf around it?' " `Umar further said, "I went to Abu Bakr and said, 'O Abu Bakr! Isn't he truly Allah's Prophet?' He replied, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'Indeed, he is Allah's Apostle and he does not disobey his Lord, and He will make him victorious. Adhere to him as, by Allah, he is on the right.' I said, 'Was he not telling us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did he tell you that you would go to the Ka`ba this year?' I said, 'No.' He said, "You will go to Ka`ba and perform Tawaf around it." (Az-Zuhri said, " `Umar said, 'I performed many good deeds as expiation for the improper questions I asked them.' ") When the writing of the peace treaty was concluded, Allah's Apostle said to his companions, "Get up and' slaughter your sacrifices and get your head shaved." By Allah none of them got up, and the Prophet repeated his order thrice. When none of them got up, he left them and went to Um Salama and told her of the people's attitudes towards him. Um Salama said, "O the Prophet of Allah! Do you want your order to be carried out? Go out and don't say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head." So, the Prophet went out and did not talk to anyone of them till he did that, i.e. slaughtered the sacrifice and called his barber who shaved his head. Seeing that, the companions of the Prophet got up, slaughtered their sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other. Then some believing women came (to the Prophet ); and Allah revealed the following Divine Verses:-- "O you who believe, when the believing women come to you as emigrants examine them . . ." (60.10) `Umar then divorced two wives of his who were infidels. Later on Muawiya bin Abu Sufyan married one of them, and Safwan bin Umaiya married the other. When the Prophet returned to Medina, Abu Basir, a new Muslim convert from Quraish came to him. The Infidels sent in his pursuit two men who said (to the Prophet ), "Abide by the promise you gave us." So, the Prophet handed him over to them. They took him out (of the City) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir said to one of them, "By Allah, O so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and said, "By Allah, it is very fine and I have tried it many times." Abu Basir said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Medina and entered the Mosque running. When Allah's Apostle saw him he said, "This man appears to have been frightened." When he reached the Prophet he said, "My companion has been murdered and I would have been murdered too." Abu Basir came and said, "O Allah's Apostle, by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e. the Infidels), but Allah has saved me from them." The Prophet said, "Woe to his mother! what excellent war kindler he would be, should he only have supporters." When Abu Basir heard that he understood that the Prophet would return him to them again, so he set off till he reached the seashore. Abu Jandal bin Suhail got himself released from them (i.e. infidels) and joined Abu Basir. So, whenever a man from Quraish embraced Islam he would follow Abu Basir till they formed a strong group. By Allah, whenever they heard about a caravan of Quraish heading towards Sham, they stopped it and attacked and killed them (i.e. infidels) and took their properties. The people of Quraish sent a message to the Prophet requesting him for the Sake of Allah and Kith and kin to send for (i.e. Abu Basir and his companions) promising that whoever (amongst them) came to the Prophet would be secure. So the Prophet sent for them (i.e. Abu Basir's companions) and Allah I revealed the following Divine Verses: "And it is He Who Has withheld their hands from you and your hands From them in the midst of Mecca, After He made you the victorious over them. ... the unbelievers had pride and haughtiness, in their hearts ... the pride and haughtiness of the time of ignorance." (48.24-26) And their pride and haughtiness was that they did not confess (write in the treaty) that he (i.e. Muhammad) was the Prophet of Allah and refused to write: "In the Name of Allah, the most Beneficent, the Most Merciful," and they (the mushriks) prevented them (the Muslims) from visiting the House (the Ka`bah).

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."

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 him among the people, but the murderer should not inherit anything.

Muhammad said: All this has been transmitted to me by Sulayman ibn Musa on the authority of Amr ibn Shu'aib who, on his father's authority, said that his grandfather heard it from the Prophet (saws).

Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.

Ibn `Abbas said to us, "Shall I tell you the story of Abu Dhar's conversion to Islam?" We said, "Yes." He said, "Abu Dhar said: I was a man from the tribe of Ghifar. We heard that a man had appeared in Mecca, claiming to be a Prophet. ! said to my brother, 'Go to that man and talk to him and bring me his news.' He set out, met him and returned. I asked him, 'What is the news with you?' He said, 'By Allah, I saw a man enjoining what is good and forbidding what is evil.' I said to him, 'You have not satisfied me with this little information.' So, I took a waterskin and a stick and proceeded towards Mecca. Neither did I know him (i.e. the Prophet ), nor did I like to ask anyone about him. I Kept on drinking Zam zam water and staying in the Mosque. Then `Ali passed by me and said, 'It seems you are a stranger?' I said, 'Yes.' He proceeded to his house and I accompanied him. Neither did he ask me anything, nor did I tell him anything. Next morning I went to the Mosque to ask about the Prophet but no-one told me anything about him. `Ali passed by me again and asked, 'Hasn't the man recognized his dwelling place yet' I said, 'No.' He said, 'Come along with me.' He asked me, 'What is your business? What has brought you to this town?' I said to him, 'If you keep my secret, I will tell you.' He said, 'I will do,' I said to him, 'We have heard that a person has appeared here, claiming to be a Prophet. I sent my brother to speak to him and when he returned, he did not bring a satisfactory report; so I thought of meeting him personally.' `Ali said (to Abu Dhar), 'You have reached your goal; I am going to him just now, so follow me, and wherever I enter, enter after me. If I should see someone who may cause you trouble, I will stand near a wall pretending to mend my shoes (as a warning), and you should go away then.' `Ali proceeded and I accompanied him till he entered a place, and I entered with him to the Prophet to whom I said, 'Present (the principles of) Islam to me.' When he did, I embraced Islam 'immediately. He said to me, 'O Abu Dhar! Keep your conversion as a secret and return to your town; and when you hear of our victory, return to us. ' I said, 'By H him Who has sent you with the Truth, I will announce my conversion to Islam publicly amongst them (i.e. the infidels),' Abu Dhar went to the Mosque, where some people from Quraish were present, and said, 'O folk of Quraish ! I testify that None has the right to be worshipped except Allah, and I (also) testify that Muhammad is Allah's Slave and His Apostle.' (Hearing that) the Quraishi men said, 'Get at this Sabi (i.e. Muslim) !' They got up and beat me nearly to death. Al `Abbas saw me and threw himself over me to protect me. He then faced them and said, 'Woe to you! You want to kill a man from the tribe of Ghifar, although your trade and your communications are through the territory of Ghifar?' They therefore left me. The next morning I returned (to the Mosque) and said the same as I have said on the previous day. They again said, 'Get at this Sabi!' I was treated in the same way as on the previous day, and again Al-Abbas found me and threw himself over me to protect me and told them the same as he had said the day before.' So, that was the conversion of Abu Dhar (may Allah be Merciful to him) to Islam."

I had a sexual dream on a cold night in the battle of Dhat as-Salasil. I was afraid, if I washed I would die. I, therefore, performed tayammum and led my companions in the dawn prayer. They mentioned that to the Messenger of Allah (saws). He said: Amr, you led your companions is prayer while you were sexually defiled? I informed him of the cause which impeded me from washing. And I said: I heard Allah say: "Do not kill yourself, verily Allah is merciful to you." The Messenger of Allah (saws) laughed and did not say anything.

Abu Dawud said: 'Abd al-Rahman b. Jubair is an Egyptian and a freed slave of Kharijah b. Hudhafah. He is not Jubair b. Nufair

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.

The Messenger of Allah (saws) said about the futile oath: It is man's speech in his house: No, by Allah, and Yes, by Allah.

Abu Dawud said: Ibrahim al-Sa'igh, the narrator of this tradition , was a pious man. Abu Muslim killed him at 'Aranda. When he raised a hammed and heard the call to prayer, he gave it up.

Abu Dawud said: This tradition has been transmitted by Dawud b. Abi al-Furat from Ibrahim al-Sa'igh as a statement of 'Aishah (not attributed to the Prophet). Similarly, it has been transmitted by al-Zuhri, 'Abd al-Malik b. Abi Sulaiman and Malik b. Mughul. All of them transmitted it from 'Ata on the authority of 'Aishah on her own statement.

On the authority of his father: I heard the Messenger of Allah (saws) say in the Farewell Pilgrimage: "Lo, all claims to usury of the pre-Islamic period have been abolished. You shall have your capital sums, deal not unjustly and you shall not be dealt with unjustly.

Lo, all claims for blood-vengeance belonging to the pre-Islamic period have been abolished. The first of those murdered among us whose blood-vengeance I remit is al-Harith ibn AbdulMuttalib, who suckled among Banu Layth and killed by Hudhayl."

He then said: O Allah, have I conveyed the message? They said: Yes, saying it three times. He then said: O Allah, be witness, saying it three times.