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 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 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.' "

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.

The Prophet said, "Whoever swears by a religion other than Islam (i.e. if he swears by saying that he is a non-Muslim in case he is telling a lie), then he is as he says if his oath is false and whoever commits suicide with something, will be punished with the same thing in the (Hell) fire, and cursing a believer is like murdering him, and whoever accuses a believer of disbelief, then it is as if he had killed him."

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)."

Sa’d said When the Messenger of Allah (SWAS) took the oath of allegiance from woman, a woman of high rank, who seemed to be one of the women of Mudar, rose and said Prophet of Allah (SWAS), we are dependant on our parents, our sons. (Abu Dawud said I think (this version) has the word “ and our husbands”. ) So what part of their property can be spent lawfully? He said Fresh food which you eat and give as a present.

Abu Dawud said The Arabic word ratb means bread, vegetables and fresh dates.

Abu Dawud said Al-Thawri transmitted from Yunus in a similar manner.

Another chain reports a similar hadith.

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "I understood from people that when they made the kaffara for a broken oath, they gave a mudd of wheat according to the smaller mudd. They thought that that would compensate for them."

Malik said, "The best of what I have heard about the one who does kaffara for breaking his oath by clothing people is that if he clothes men he clothes them each in one garment. If he clothes women, he clothes them each in two garments, a long shift and a long scarf, because that is what is satisfactory for each of them in the prayer."

regarding the Divine Verse: "O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness that you may take back part of the (Mahr) dower you have given them." (4.19) (Before this revelation) if a man died, his relatives used to have the right to inherit his wife, and one of them could marry her if he would, or they would give her in marriage if they wished, or, if they wished, they would not give her in marriage at all, and they would be more entitled to dispose her, than her own relatives. So the above Verse was revealed in this connection.

(regarding) the Verse: 'And if you fear that you shall not be able to deal justly with the orphans...' (4.3) It is about the orphan girl who is in the custody of a man who is her guardian, and he intends to marry her because of her wealth, but he treats her badly and does not manage her property fairly and honestly. Such a man should marry women of his liking other than her, two or three or four. 'Prohibited to you (for marriage) are: ...your foster-mothers (who suckled you).' (4.23) Marriage is prohibited between persons having a foster suckling relationship corresponding to a blood relationship which renders marriage unlawful.

The same ,Hadith above: A man called Khidam married a daughter of his (to somebody) against her consent. 'If you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice.' (4.3) And if somebody says to the guardian (of a woman), "Marry me to soand- so," and the guardian remained silent or said to him, "What have you got?" And the other said, "I have so much and so much (Mahr)," or kept quiet, and then the guardian said, "I have married her to you," then the marriage is valid (legal). This narration was told by Sahl on the authority of the Prophet.

A woman came to the Prophet,, and presented herself to him (for marriage). He said, "I am not in need of women these days." Then a man said, "O Allah's Apostle! Marry her to me." The Prophet asked him, "What have you got?" He said, "I have got nothing." The Prophet said, "Give her something, even an iron ring." He said, "I have got nothing." The Prophet asked (him), "How much of the Qur'an do you know (by heart)?" He said, "So much and so much." The Prophet said, "I have married her to you for what you know of the Qur'an."

A person asked Ibn `Abbas, "Have you ever presented yourself at the (`Id) prayer with Allah's Apostle?" He replied, "Yes." And had it not been for my kinship (position) with the Prophet it would not have been possible for me to do so (for he was too young). The Prophet went to the mark near the house of Kathir bin As-Salt and delivered a sermon. He then went towards the women. He advised and reminded them and asked them to give alms. So the woman would bring her hand near her neck and take off her necklace and put it in the garment of Bilal. Then the Prophet and Bilal came to the house."

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

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

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

I was present when a man asked Ibn `Umar about the blood of mosquitoes. Ibn `Umar said, "From where are you?" The man replied. "From Iraq." Ibn `Umar said, "Look at that! he is asking me about the blood of Mosquitoes while they (the Iraqis ) have killed the (grand) son of the Prophet. I have heard the Prophet saying, "They (Hasan and Husain) are my two sweet-smelling flowers in this world."

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.'

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

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

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

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

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

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

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

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

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

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

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

3

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

AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (saws): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Messenger of Allah (saws) was at that time at Medina before the battle of Badr.

(They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women.

When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Messenger of Allah (saws).

When this news reached the Messenger of Allah (saws), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (saws), they scattered. This reached the infidels of the Quraysh.

The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (saws), they gathered Banu an-Nadir to violate the treaty.

They sent a message to the Prophet (saws): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story.

When the next day came, the Messenger of Allah (saws) went out in the morning with an army, and surrounded them.

He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day.

Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it.

He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Messenger of Allah (saws). Allah bestowed them upon him and gave them him as a special portion.

He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry." He said: "Without fighting." So the Prophet (saws) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Messenger of Allah (saws) which is in the hands of the descendants of Fatimah (Allah be pleased with her).

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

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

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