When the Messenger of Allah (saws) appeared as a prophet, Hamdan said to me: Will you go to this man and negotiate for us (with him)? If you accept something, we shall accept it, and if you disapprove of something, we shall disapprove of it.

I said: Yes. So I proceeded until I came to the Messenger of Allah (saws). I liked his motive and my people embraced Islam. The Messenger of Allah (saws) wrote the document for Umayr Dhu Marran. He also sent Malik ibn Murarah ar-Rahawi to all the (people of) Yemen. So Akk Dhu Khaywan embraced Islam.

Akk was told: Go to the Messenger of Allah (saws), and obtain his protection for your town and property. He therefore came (to him) and the Messenger of Allah (saws) wrote a document for him:

"In the name of Allah, Most Beneficent, Most Merciful. From Muhammad, the Messenger of Allah, to Akk Dhu Khaywan. If he is true his land, property and slave, he has the security and the protection of Allah, and Muhammad, the Messenger of Allah. Written by Khalid ibn Sa'id ibn al-'As."

Uthman said: He could not vomit it, unless he did not drink it. He said to Ali: Inflict the prescribed punishment on him. Ali said to al-Hasan: Inflict the prescribed punishment on him.

Al-Hasan said: He who has enjoyed its pleasure should also bear its burden. So Ali said to Abdullah ibn Ja'far: Inflict the prescribed punishment on him. He took a whip and struck him with it while Ali was counting.

When he reached (struck) forty (lashes), he said: It is sufficient. The Prophet (saws) gave forty lashes. I think he also said: "And AbuBakr gave forty lashes, and Uthman eighty. This is all sunnah (standard practice). And this is dearer to me."

'I went and entered upon `Umar, his doorman, Yarfa came saying `Uthman, `Abdur-Rahman, Az- Zubair and Sa`d are asking your permission (to see you). May I admit them? `Umar said, 'Yes.' So he admitted them Then he came again and said, 'May I admit `Ali and `Abbas?' He said, 'Yes.' `Abbas said, 'O, chief of the believers! Judge between me and this man (Ali ). `Umar said, 'I beseech you by Allah by Whose permission both the heaven and the earth exist, do you know that Allah's Apostle said, 'Our (the Apostles') property will not be inherited, and whatever we leave (after our death) is to be spent in charity?' And by that Allah's Apostle meant himself.' The group said, '(No doubt), he said so.' `Umar then faced `Ali and `Abbas and said, 'Do you both know that Allah's Apostle said that?' They replied, '(No doubt), he said so.' `Umar said, 'So let me talk to you about this matter. Allah favored His Apostle with something of this Fai' (i.e. booty won by the Muslims at war without fighting) which He did not give to anybody else; Allah said:-- 'And what Allah gave to His Apostle ( Fai' Booty) .........to do all things....(59.6) And so that property was only for Allah's Apostle . Yet, by Allah, he neither gathered that property for himself nor withheld it from you, but he gave its income to you, and distributed it among you till there remained the present property out of which the Prophet used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's property is spent (i.e. in charity etc.). Allah's Apostle followed that throughout his life. Now I beseech you by Allah, do you know all that?' They said, 'Yes.' `Umar then said to `Ali and `Abbas, 'I beseech you by Allah, do you know that?' Both of them said, 'Yes.' `Umar added, 'And when the Prophet died, Abu Bakr said, ' I am the successor of Allah's Apostle, and took charge of that property and managed it in the same way as Allah's Apostle did. Then I took charge of this property for two years during which I managed it as Allah's Apostle and Abu Bakr did. Then you both (`Ali and `Abbas) came to talk to me, bearing the same claim and presenting the same case. (O `Abbas!) You came to me asking for your share from the property of your nephew, and this man (Ali) came to me, asking for the share of h is wife from the property of her father. I said, 'If you both wish, I will give that to you on that condition (i.e. that you would follow the way of the Prophet and Abu Bakr and as I (`Umar) have done in man aging it).' Now both of you seek of me a verdict other than that? Lo! By Allah, by Whose permission both the heaven and the earth exist, I will not give any verdict other than that till the Hour is established. If you are unable to manage it, then return it to me, and I will be sufficient to manage it on your behalf.' "

Do you (people) consider the conquest of Mecca, the Victory (referred to in the Qur'an 48:1). Was the conquest of Mecca a victory? We really consider that the actual Victory was the Ar-Ridwan Pledge of allegiance which we gave on the day of Al-Hudaibiya (to the Prophet) . On the day of Al-Hudaibiya we were fourteen hundred men along with the Prophet Al-Hudaibiya was a well, the water of which we used up leaving not a single drop of water in it. When the Prophet was informed of that, he came and sat on its edge. Then he asked for a utensil of water, performed ablution from it, rinsed (his mouth), invoked (Allah), and poured the remaining water into the well. We stayed there for a while and then the well brought forth what we required of water for ourselves and our riding animals.

The Prophet said, "Allah created the creations, and when He finished from His creations, Ar-Rahm i.e., womb said, "(O Allah) at this place I seek refuge with You from all those who sever me (i.e. sever the ties of Kith and kin). Allah said, 'Yes, won't you be pleased that I will keep good relations with the one who will keep good relations with you, and I will sever the relation with the one who will sever the relations with you.' It said, 'Yes, O my Lord.' Allah said, 'Then that is for you ' " Allah's Apostle added. "Read (in the Qur'an) if you wish, the Statement of Allah: 'Would you then, if you were given the authority, do mischief in the land and sever your ties of kinship?' (47.22)

On the authority of his father: Umm Mubashshir said to the Prophet (saws) during the sickness of which he died: What do you think about your illness, Messenger of Allah (saws)? I do not think about the illness of my son except the poisoned sheep of which he had eaten with you at Khaybar. The Prophet (saws) said: And I do not think about my illness except that. This is the time when it cut off my aorta.

Abu Dawud said: Sometime 'Abd al-Razzaq transmitted this tradition, omitting the link of the Companion, from Ma'mar, from al-Zuhri, from the Prophet (saws), and sometimes he transmitted it from al-Zuhri from 'Abd al-Rahman b. Ka'b b. Malik, 'Abd al-Rahman mentioned that Ma'mar sometimes transmitted the tradition in a mursal form (omitting the link of the Companion), and they recorded it. And all this is correct with us. 'Abd al-Razzaq said: When Ibn al-Mubarak came to Ma'mar, he transmitted the traditions in a musnad form (with a perfect chain) which he transmitted as mauquf traditions (statements of the Companions and not of the Prophet).

I saw the Messenger of Allah (saws) on the morning of the conquest of Mecca when I was a young boy. He was walking among the people, seeking the camp of Khalid ibn al-Walid. A man who had drunk wine was brought (before him) and he ordered them (to beat him). So they beat him with what they had in their hands. Some struck him with whips, some with sticks and some with sandals. The Messenger of Allah (saws) threw some dust on his face.

When a man who had drunk wine was brought before AbuBakr, he asked them (i.e. the people) about the number of beatings which they gave him. They numbered it forty. So AbuBakr gave him forty lashes.

When Umar came to power, Khalid ibn al-Walid wrote to him: The people have become addicted to drinking wine and they look down upon the prescribed punishment and its penalty.

He said: They are with you, ask them. The immigrants who embraced Islam in the beginning were with him. He asked them and they agreed on the fact that (a drunkard) should be given eighty lashes.

Ali said: When a man drinks wine, he tells lies. I, therefore, think that he should be prescribed punishment that is prescribed for telling lies..

Abu Dawud said: 'Uqail b. Khalid included in the chain of this tradition: "Abd Allah b. Abd al-Rahman b. al-Azhar from his father" between al-Zuhri and Ibn al-Azhar.

"The Messenger of Allah (saws) sent us with an army and said: 'If you see so-and-so, and so-and-so' referring to two men from the Quraish: 'then burn them with fire.' Then, upon our departure, the Messenger of Allah (saws) said: 'I ordered you to burn so-and-so, and so-and-so with fire, and indeed, none punishes with fire except Allah. So if you see them, then kill them.'"

There are narrations on this topic from Ibn 'Abbas and Hamzah bin 'Amr Al-Aslami.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. In this Hadith, Muhammad bin Ishaq mentioned a man (narrating) between Sulaiman bin Yasar and Abu Hurairah. Others reported this Hadith the same as Al-Laith reported it(here, without a man between them). The narration of Al-Laith bin Sa'd is more appropriate and more correct.

Habib ibn Salim said: A man called AbdurRahman ibn Hunayn had intercourse with his wife's slave-girl. The matter was brought to an-Nu'man ibn Bashir who was the Governor of Kufah. He said: I shall decide between you in accordance with the decision of the Messenger of Allah (saws). If she made her lawful for you, I shall flog you one hundred lashes. If she did not make her lawful for you, I shall stone you to death. So they found that she had made her lawful for him. He, therefore, flogged him one hundred lashes.

Qatadah said: I wrote to Habib b. Salim; so he wrote this (tradition) to me.

Tha'labah ibn Zahdam said: We accompanied Sa'd ibn al-'As at Tabaristan. He stood and said: Which of you prayed along with the Messenger of Allah (saws) in time of danger? Hudhayfah said: I then he led one section in one rak'ah and the other section in one rak'ah. They did not pray the second rak'ah by themselves.

Abu Dawud: This tradition has been transmitted by 'Ubaid Allah b. 'Abd Allah and Mujahid on the authority of Ibn 'Abbas from the Prophet (saws) in like manner. This has also been narrated by 'Abd Allah b. Shaqiq from Abu Hurairah from the Prophet (saws). Yazid al-Faqir and Abu Musa also narrated this tradition from Jabir from the Prophet (saws). Some of the narrators said in the version narrated by Yazid al-Faqir that they completed their second rak'ah. This has also been narrated by Simak al-Hanafi on the authority of Ibn 'Umar from the Prophet (saws) something similar. Zaid b. Thabit also narrated from the Prophet (saws) in like manner. This version adds: The people prayed on rak'ah and the Prophet (saws) prayed two rak'ahs.

A woman from the offspring of Ja`far was afraid lest her guardian marry her (to somebody) against her will. So she sent for two elderly men from the Ansar, `AbdurRahman and Mujammi', the two sons of Jariya, and they said to her, "Don't be afraid, for Khansa' bint Khidam was given by her father in marriage against her will, then the Prophet cancelled that marriage." (See Hadith No. 78)

That the Messenger of Allah (saws) said that Jibra'il had indeed descended upon him to say to him: "Tell them - meaning your Companions - to choose regarding the captives of Badr, between either killing them or ransoming the, so that the amount killed by them will correspond similarly to them." So they said: "Ranson, even though some of us may be killed."

There are narrations on this topic from Ibn Mas'ud, Anas, Abu Barzah, and Jubair bin Mut'im.

[Abu 'Eisa said:] This Hadith is Hasan Gharib as a narration of Ath-Thawri. We do not know of it except through the report of Za'idah.

Abu Usamah reported similar to this from Hisham, from Ibn Sirin, from 'Abidah, from 'Ali, from the Prophet (saws)

Ibn 'Awn reported it from Ibn Sirin, from 'Abidah, from 'Ali, from the Prophet (saws) in Mursal form.

Abu Dawud Al-Hafiri's ( a narrator in this chain) name is 'Umar bin Sa'd.

"I said: 'O Messenger of Allah! We come across a people and they do not host us, and they do not give us our rights, and we do not take anything from them. So the Messenger of Allah (saws) said: 'If they refuse such that you can only take by force, then take.'"

[Abu 'Eisa said:] This Hadith is Hasan. It has been reported by Al-Laith bin Sa'd from Yazid bin Abi Habib as well.

This Hadith only means that they would go out for battles and they would pass a people among whom they would not find any food to buy for a price. So the Prophet (saws) told them: If they refuse to sell you, such that you have to take it forcefully, then take it. This is how the explanation has been related in some of the Ahadith. And it has been related that 'Umar bin Al-Khattab, may Allah be please with him, would order similarly.

Abu Dawud said: Similarly, this tradition has been narrated by Ibn Wahb from Malik, Hafs b. Maisarah, Dawud b. Qais and Hisham b. Sa'd. But Hisham projected it to Abu Sa'id al-Khudri.

Ibn ‘Abbas reported the Prophet (May peace be upon him) as saying; when a man has intercourse with his wife while she is menstruating, he must give half a dinar in alms.

Abu Dawud said; ‘Ali b. Budhaimah reported similarly on the authority of Miqsam from the Prophet (May peace be upon him). Al-Awza’I narrated from Yazid b. Abi Malik, from ‘Abd al-Hamid b. ‘Abd al-Rahman from the Prophet (May peace be upon him); He ordered him to give two fifth of a dinar in alms. But this is a chain where two narrators (Miqsam and Ibn ‘Abbas) are missing.