I said to Ibn `Abbas, "Nauf Al-Bukah claims that Moses, the companion of Al-Khadir was not Moses (the prophet) of the children of Israel, but some other Moses." Ibn `Abbas said, "Allah's enemy (i.e. Nauf) has told a lie. Ubai bin Ka`b told us that the Prophet said, 'Once Moses stood up and addressed Bani Israel. He was asked who was the most learned man amongst the people. He said, 'I.' Allah admonished him as he did not attribute absolute knowledge to Him (Allah). So, Allah said to him, 'Yes, at the junction of the two seas there is a Slave of Mine who is more learned than you.' Moses said, 'O my Lord! How can I meet him?' Allah said, 'Take a fish and put it in a large basket and you will find him at the place where you will lose the fish.' Moses took a fish and put it in a basket and proceeded along with his (servant) boy, Yusha` bin Noon, till they reached the rock where they laid their heads (i.e. lay down). Moses slept, and the fish, moving out of the basket, fell into the sea. It took its way into the sea (straight) as in a tunnel. Allah stopped the flow of water over the fish and it became like an arch (the Prophet pointed out this arch with his hands). They travelled the rest of the night, and the next day Moses said to his boy (servant), 'Give us our food, for indeed, we have suffered much fatigue in this journey of ours.' Moses did not feel tired till he crossed that place which Allah had ordered him to seek after. His boy (servant) said to him, 'Do you know that when we were sitting near that rock, I forgot the fish, and none but Satan caused me to forget to tell (you) about it, and it took its course into the sea in an amazing way?.' So there was a path for the fish and that astonished them. Moses said, 'That was what we were seeking after.' So, both of them retraced their footsteps till they reached the rock. There they saw a man Lying covered with a garment. Moses greeted him and he replied saying, 'How do people greet each other in your land?' Moses said, 'I am Moses.' The man asked, 'Moses of Bani Israel?' Moses said, 'Yes, I have come to you so that you may teach me from those things which Allah has taught you.' He said, 'O Moses! I have some of the Knowledge of Allah which Allah has taught me, and which you do not know, while you have some of the Knowledge of Allah which Allah has taught you and which I do not know.' Moses asked, 'May I follow you?' He said, 'But you will not be able to remain patient with me for how can you be patient about things which you will not be able to understand?' (Moses said, 'You will find me, if Allah so will, truly patient, and I will not disobey you in aught.') So, both of them set out walking along the sea-shore, a boat passed by them and they asked the crew of the boat to take them on board. The crew recognized Al-Khadir and so they took them on board without fare. When they were on board the boat, a sparrow came and stood on the edge of the boat and dipped its beak once or twice into the sea. Al-Khadir said to Moses, 'O Moses! My knowledge and your knowledge have not decreased Allah's Knowledge except as much as this sparrow has decreased the water of the sea with its beak.' Then suddenly Al-Khadir took an adze and plucked a plank, and Moses did not notice it till he had plucked a plank with the adze. Moses said to him, 'What have you done? They took us on board charging us nothing; yet you I have intentionally made a hole in their boat so as to drown its passengers. Verily, you have done a dreadful thing.' Al-Khadir replied, 'Did I not tell you that you would not be able to remain patient with me?' Moses replied, 'Do not blame me for what I have forgotten, and do not be hard upon me for my fault.' So the first excuse of Moses was that he had forgotten. When they had left the sea, they passed by a boy playing with other boys. Al-Khadir took hold of the boys head and plucked it with his hand like this. (Sufyan, the sub narrator pointed with his fingertips as if he was plucking some fruit.) Moses said to him, "Have you killed an innocent person who has not killed any person? You have really done a horrible thing." Al-Khadir said, "Did I not tell you that you could not remain patient with me?' Moses said "If I ask you about anything after this, don't accompany me. You have received an excuse from me.' Then both of them went on till they came to some people of a village, and they asked its inhabitant for wood but they refused to entertain them as guests. Then they saw therein a wall which was just going to collapse (and Al Khadir repaired it just by touching it with his hands). (Sufyan, the sub-narrator, pointed with his hands, illustrating how Al-Khadir passed his hands over the wall upwards.) Moses said, "These are the people whom we have called on, but they neither gave us food, nor entertained us as guests, yet you have repaired their wall. If you had wished, you could have taken wages for it." Al-Khadir said, "This is the parting between you and me, and I shall tell you the explanation of those things on which you could not remain patient." The Prophet added, "We wished that Moses could have remained patient by virtue of which Allah might have told us more about their story. (Sufyan the sub-narrator said that the Prophet said, "May Allah bestow His Mercy on Moses! If he had remained patient, we would have been told further about their case.")

The Prophet (saws) said: There is no prophet between me and him, that is, Jesus (saws). He will descent (to the earth). When you see him, recognise him: a man of medium height, reddish fair, wearing two light yellow garments, looking as if drops were falling down from his head though it will not be wet. He will fight the people for the cause of Islam. He will break the cross, kill swine, and abolish jizyah. Allah will perish all religions except Islam. He will destroy the Antichrist and will live on the earth for forty years and then he will die. The Muslims will pray over him.

The Prophet (saws) said: If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done.

Abu Dawud said: A similar tradition has also been transmitted by Sulaiman b. Bilal from 'Amr b. Abi 'Umar. And 'Abbad b. Mansur transmitted it from 'Ikrimah on the authority of Ibn 'Abbas who transmitted it from the Prophet (saws). It has also been transmitted by Ibn Juraij from Ibrahim from Dawud b. Al-Husain from 'Ikrimah on the authority of Ibn 'Abbas who transmitted it from the Prophet (saws).

Ibn ‘Awn said “I wrote to Nafi’ asking him about summoning the polytheists (to Islam) at the time of fighting. So, he wrote to me “This was in the early days of Islam. The Prophet of Allaah(saws) attacked Banu Al Mustaliq while they were inattentive and their cattle were drinking water. So their fighters were killed and the survivors (i.e., women and children) were taken prisoners. On that day Juwairiyyah daughter of Al Harith was obtained. ‘Abd Allaah narrated this to me, he was in that army.”

Abu Dawud said “This is a good tradition narrtted by Ibn ‘Awn from Nafi’ and no one shared him in narrating it.”

"We did not pledge to the Messenger of Allah (saws) for death, but only that we would not flee."

[Abu 'Eisa said:] This Hadith is Hasan Sahih, meaning both of the Ahadith are Sahih. Some of his Companions pledged to him for death, they said only: "We will not leave from in front of you as long as we are not killed." While others pledged him by saying: "We will not flee."

That the Messenger of Allah (saws) said: "None of the people of Paradise would wish to return to the world except for the martyr who indeed would love to return to the world saying that he would love to be killed ten times in Allah's cause because of what he has seen of the honor that He has given him."

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

The Prophet (saws) entered (Makkah) during they year of the Conquest, and upon his head was a helmet (Mighfar). It was said to him: 'Ibn Khatal is clinging to the covering of the Ka'bah.' So he said: 'Kill him.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib. We do knot know of anyone important who reported it other than Malik from Az-Zuhri.

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

Yahya related to me from Malik from Zayd ibn Aslam that Sad al- Jari, the mawla of Umar ibn al-Khattab asked Abdullah ibn Umar about fish which had killed each other or which had died from severe cold . He said, "There is no harm in eating them.'' Sad said,' 'I then asked Abdullah ibn Amr ibn al As and he said the same."

The Messenger of Allah (saws) passed Hamzah who was killed and disfigured. He said: If Safiyyah were not grieved, I would have left him until the birds and beasts of prey would have eaten him, and he would have been resurrected from their bellies. The garments were scanty and the slain were in great number. So one, two and three persons were shrouded in one garment. The narrator Qutaybah added: They were then buried in one grave. The Messenger of Allah (saws) asked: Which of the two learnt the Qur'an more? He then advanced him toward the qiblah (direction of prayer).

Muhammad ibn AbuYahya said that his father told that he and his companion went to AbuSa'id al-Khudri to pay a sick visit to him. He said: Then we came out from him and met a companion of ours who wanted to go to him. We went ahead and sat in the mosque. He then came back and told us that he heard AbuSa'id al-Khudri say: The Messenger of Allah (saws) said: Some snakes are jinn; so when anyone sees one of them in his house, he should give it a warning three times. If it return (after that), he should kill it, for it is a devil.

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)."

On the authority of his father (Sa'd) and his grandfather (Dumayrah) (according to Musa's version) who were present in the battle of Hunayn with the Messenger of Allah (saws): After the advent of Islam, Muhallam ibn Jaththamah al-Laythi killed a man of Ashja'.

That was the first blood-money decided by the Messenger of Allah (saws) (for payment). Uyaynah spoke about the killing of al-Ashja'i, for he belonged to Ghatafan, and al-Aqra' ibn Habis spoke on behalf of Muhallam, for he belonged to Khunduf. The voices rose high, and the dispute and noise grew.

So the Messenger of Allah (saws) said: Do you not accept blood-money, Uyaynah?

Uyaynah then said: No, I swear by Allah, until I cause his women to suffer the same fighting and grief as he caused my women to suffer. Again the voices rose high, and the dispute and noise grew.

The Messenger of Allah (saws) said: Do you not accept the blood-money Uyaynah? Uyaynah gave the same reply as before, and a man of Banu Layth called Mukaytil stood up. He had a weapon and a skin shield in his hand.

He said: I do not find in the beginning of Islam any illustration for what he has done except the one that "some sheep came on, and those in the front were shot; hence those in the rear ran away". (The other example is that) "make a law today and change it."

The Messenger of Allah (saws) said: Fifty (camels) here immediately and fifty when we return to Medina. This happened during some of his journeys. Muhallam was a tall man of dark complexion. He was with the people. They continued (to make effort for him) until he was released. He sat before the Messenger of Allah (saws), with his eyes flowing.

He said: Messenger of Allah! I have done (the act) of which you have been informed. I repent to Allah, the Exalted, so ask Allah's forgiveness for me. Messenger of Allah!

The Messenger of Allah (saws) then said: Did you kill him with your weapon at the beginning of Islam. O Allah! do not forgive Muhallam. He said these words loudly.

AbuSalamah added: He (Muhallam) then got up while he was wiping his tears with the end of his garment.

Ibn Ishaq said: His people alleged that the Messenger of Allah (saws) asked forgiveness for him after that.

Abu Dawud said: Al-Nadr b. Shumail said: al-ghiyar means blood-wit.

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.