The Prophet said, "Martyrs are those who die because of drowning, plague, an Abdominal disease, or of being buried alive by a falling building." And then he added, "If the people knew the Reward for the Zuhr prayer in its early time, they would race for it. If they knew the reward for the `Isha' and the Fajr prayers in congregation, they would join them even if they had to crawl. If they knew the reward for the first row, they would draw lots for it."

The Prophet collected every two martyrs of Uhud (in one grave) and then he would ask, "Which of them knew the Qur'an more?" And if one of them was pointed out for him as having more knowledge, he would put him first in the Lahd. The Prophet said, "I will be a witness on these on the Day of Resurrection." Then he ordered them to be buried with their blood on their bodies and he did not have them washed.

The Prophet collected every two martyrs of Uhud in one piece of cloth, then he would ask, "Which of them had (knew) more of the Qur'an?" When one of them was pointed out for him, he would put that one first in the grave and say, "I will be a witness on these on the Day of Resurrection." He ordered them to be buried with their blood on their bodies and they were neither washed nor was a funeral prayer offered for them.

A man said: Messenger of Allah, I have a slave-girl and I withdraw the penis from her (while having intercourse), and I dislike that she becomes pregnant. I intend (by intercourse) what the men intend by it.

The Jews say that withdrawing the penis (azl) is burying the living girls on a small scale. He (the Prophet) said: The Jews told a lie. If Allah intends to create it, you cannot turn it away.

We were in the funeral procession of the daughter of Allah's Apostle and Allah's Apostle was sitting near the grave and I saw his eyes full of tears. He said, "Is there anyone amongst you who did not have sexual relations with his wife last night?" Abu Talha replied in the affirmative. And so Allah's Apostle told him to get down in her grave and he got down in her grave and buried her.

Yahya related to me from Malik from Yahya ibn Said that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "I saw three moons fall into my room, and I related my vision to Abu Bakr as-Siddiq. Then, when the Messenger of Allah died, may Allah bless him and grant him peace, and was buried in my house, Abu Bakr said to me, 'This is one of your moons, and he is the best of them.' "

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."

The Prophet said, "Allah has forbidden for you, (1) to be undutiful to your mothers, (2) to bury your daughters alive, (3) to not to pay the rights of the others (e.g. charity, etc.) and (4) to beg of men (begging). And Allah has hated for you (1) vain, useless talk, or that you talk too much about others, (2) to ask too many questions, (in disputed religious matters) and (3) to waste the wealth (by extravagance).

Abu Al-Khair said, "As-Sanabih, I asked (me), 'When did you migrate?' I (i.e. Abu Al-Khair) said, 'We went out from Yemen as emigrants and arrived at Al-Juhfa, and there came a rider whom I asked about the news. The rider said: We buried the Prophet five days ago." I asked (As-Sanabihi), 'Did you hear anything about the night of Qadr?' He replied, 'Bilal, the Mu'adh-dhin of the Prophet informed me that it is on one of the seven nights of the last ten days (of Ramadan).

AbuSalam reported on the authority of a man from the companion of the Prophet (saws). He said: We attacked a tribe of Juhaynah. A man from the Muslims pursued a man of them, and struck him but missed him. He struck himself with the sword. The Messenger of Allah (saws) said: Your brother, O group of Muslims. The people hastened towards him, but found him dead. The Messenger of Allah (saws) wrapped him with his clothes and his blood, and offered (funeral) prayer for him and buried him. They said: Messenger of Allah, is he a martyr? He said: Yes, and I am witness to him.

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).

"On the day of Uhud, the wounded complained to the Messenger of Allah, so he said: 'Dig, and make it wide, and appropriate, and bury two and three in one grave. And advance the one who knew the most Qu'ran.' My father had died so he placed before two men."

[Abu 'Eisa said:] There are narrations on this topic from Khabbab, Jabir, and Anas.

This Hadith is Hasan Sahih

Sufyan Ath-Thawri and others reported this Hadith from Ayyub, from Humaid bin Hilal, from Hisham bin 'Amir. And Abu Ad-Dahma's (a narrator in the chain) name is Qirfah bin Buhais or Baihas

(the clerk of Al-Mughira bin Shu`ba) Muawiya wrote to Al-Mughira: "Write to me a narration you have heard from Allah's Apostle." So Al-Mughira wrote to him, "I heard him saying the following after each prayer: 'La ilaha illal-lahu wahdahu la sharika lahu, lahu-l-mulk wa lahuI-hamd, wa huwa 'ala kulli Shai-in qadir.' He also used to forbid idle talk, asking too many questions (in religion), wasting money, preventing what should be given, and asking others for something (except in great need), being undutiful to mothers, and burying one's little daughters (alive).

When the time of the Battle of Uhud approached, my father called me at night and said, "I think that I will be the first amongst the companions of the Prophet to be martyred. I do not leave anyone after me dearer to me than you, except Allah's Apostle's soul and I owe some debt and you should repay it and treat your sisters favorably (nicely and politely)." So in the morning he was the first to be martyred and was buried along with another (martyr). I did not like to leave him with the other (martyr) so I took him out of the grave after six months of his burial and he was in the same condition as he was on the day of burial, except a slight change near his ear.

Allah's Apostle used to shroud two martyrs of Uhud in one sheet and then say, "Which of them knew Qur'an more?" When one of the two was pointed out, he would put him first in the grave. Then he said, "I will be a witness for them on the Day of Resurrection." He ordered them to be buried with their blood (on their bodies). Neither was the funeral prayer offered for them, nor were they washed. Jabir added, "When my father was martyred, I started weeping and uncovering his face. The companions of the Prophet stopped me from doing so but the Prophet did not stop me. Then the Prophet said, '(O Jabir.) don't weep over him, for the angels kept on covering him with their wings till his body was carried away (for burial).

Allah's Apostle said, "While a man was going on a way, he saw a thorny branch and removed it from the way and Allah became pleased by his action and forgave him for that." Then the Prophet said, "Five are martyrs: One who dies of plague, one who dies of an Abdominal disease, one who dies of drowning, one who is buried alive (and) dies and one who is killed in Allah's cause." (The Prophet further said, "If the people knew the reward for pronouncing the Adhan and for standing in the first row (in the congregational prayer) and found no other way to get it except by drawing lots they would do so, and if they knew the reward of offering the Zuhr prayer early (in its stated time), they would race for it and if they knew the reward for `Isha' and Fajr prayers in congregation, they would attend them even if they were to crawl.

Allah's Apostle shrouded every two martyrs of Uhud in one piece of cloth and then he would ask, "Which of them knew more Qur'an?" When one of them was pointed out he would put him first in the grave. He said, "I am a witness on these." Then he ordered them to be buried with blood on their bodies. Neither did he offer their funeral prayer nor did he get them washed. (Jabir bin `Abdullah added): Allah's Apostle used to ask about the martyrs of Uhud as to which of them knew more of the Qur'an." And when one of them was pointed out as having more of it he would put him first in the grave and then his companions. (Jabir added): My father and my uncle were shrouded in one sheet.

The Prophet paid a visit to Um-Sulaim and she placed before him dates and ghee. The Prophet said, "Replace the ghee and dates in their respective containers for I am fasting." Then he stood somewhere in her house and offered an optional prayer and then he invoked good on Um-Sulaim and her family. Then Um-Sulaim said, "O Allah's Apostle! I have a special request (today)." He said, "What is it?" She replied, "(Please invoke for) your servant Anas." So Allah's Apostle did not leave anything good in the world or the Hereafter which he did not invoke (Allah to bestow) on me and said, "O Allah! Give him (i.e. Anas) property and children and bless him." Thus I am one of the richest among the Ansar and my daughter Umaina told me that when Al-Hajjaj came to Basra, more than 120 of my offspring had been buried.

AbuImran said: We went out on an expedition from Medina with the intention of (attacking) Constantinople. AbdurRahman ibn Khalid ibn al-Walid was the leader of the company. The Romans were just keeping their backs to the walls of the city. A man (suddenly) attacked the enemy.

Thereupon the people said: Stop! Stop! There is no god but Allah. He is putting himself into danger.

AbuAyyub said: This verse was revealed about us, the group of the Ansar (the Helpers). When Allah helped His Prophet (saws) and gave Islam dominance, we said (i.e. thought): Come on! Let us stay in our property and improve it.

Thereupon Allah, the Exalted, revealed, "And spend of your substance in the cause of Allah, and make not your hands contribute to (your destruction)". To put oneself into danger means that we stay in our property and commit ourselves to its improvement, and abandon fighting (i.e. jihad).

AbuImran said: AbuAyyub continued to strive in the cause of Allah until he (died and) was buried in Constantinople.

(The clerk of Al-Mughira) Muawiya wrote to Al-Mughira 'Write to me what you have heard from Allah's Apostle.' So he (Al-Mughira) wrote to him: Allah's Prophet used to say at the end of each prayer: "La ilaha illalla-h wahdahu la sharika lahu, lahul Mulku, wa lahul Hamdu wa hula ala kulli shai'in qadir. 'Allahumma la mani' a lima a'taita, wala mu'tiya lima mana'ta, wala yanfa'u dhuljadd minkal-jadd." He also wrote to him that the Prophet used to forbid (1) Qil and Qal (idle useless talk or that you talk too much about others), (2) Asking too many questions (in disputed Religious matters); (3) And wasting one's wealth by extravagance; (4) and to be undutiful to one's mother (5) and to bury the daughters alive (6) and to prevent your favors (benevolence to others (i.e. not to pay the rights of others (7) And asking others for something (except when it is unavoidable).

Aisha said, "I went to Abu Bakr (during his fatal illness) and he asked me, 'In how many garments was the Prophet shrouded?' She replied, 'In three Suhuliya pieces of white cloth of cotton, and there was neither a shirt nor a turban among them.' Abu Bakr further asked her, 'On which day did the Prophet die?' She replied, 'He died on Monday.' He asked, 'What is today?' She replied, 'Today is Monday.' He added, 'I hope I shall die sometime between this morning and tonight.' Then he looked at a garment that he was wearing during his illness and it had some stains of saffron. Then he said, 'Wash this garment of mine and add two more garments and shroud me in them.' I said, 'This is worn out.' He said, 'A living person has more right to wear new clothes than a dead one; the shroud is only for the body's pus.' He did not die till it was the night of Tuesday and was buried before the morning."

Amr ibn Maymun al-Awdi said: Mu'adh ibn Jabal, the Messenger of the Messenger of Allah (saws) came to us in Yemen, I heard his takbir (utterance of AllahuAkbar) in the dawn prayer. He was a man with loud voice. I began to love him. I did depart from him until I buried him dead in Syria (i.e. until his death).

Then I searched for a person who had deep understanding in religion amongst the people after him. So I came to Ibn Mas'ud and remained in his company until his death. He (Ibn Mas'ud) said: The Messenger of Allah (saws) said to me: How will you act when you are ruled by rulers who say prayer beyond its proper time? I said: What do you command me, Messenger of Allah, if I witness such a time? He replied: Offer the prayer at its proper time and also say your prayer along with them as a supererogatory prayer.

We buried a deceased person in the company of the Messenger of Allah (saws). When we had finished, the Messenger of Allah (saws) returned and we also returned with him. When he approached his door, he stopped, and we saw a woman coming towards him.

He (the narrator) said: I think he recognized her. When she went away, we came to know that she was Fatimah.

The Messenger of Allah (saws) said to her: What brought you out of your house, Fatimah?

She replied: I came to the people of this house, Messenger of Allah, and I showed pity and expressed my condolences to them for their deceased relation.

The Messenger of Allah (saws) said: You might have gone to the graveyard with them.

She replied: I seek refuge in Allah! I heard you referring to what you mentioned.

He said: If you had gone to the graveyard...He then mentioned severe words about it.

I then asked Rabi'ah (a narrator of this tradition) about al-kuda (stony land). He replied: I think it means the graves.

There was a Christian who embraced Islam and read Surat-al-Baqara and Al-`Imran, and he used to write (the revelations) for the Prophet. Later on he returned to Christianity again and he used to say: "Muhammad knows nothing but what I have written for him." Then Allah caused him to die, and the people buried him, but in the morning they saw that the earth had thrown his body out. They said, "This is the act of Muhammad and his companions. They dug the grave of our companion and took his body out of it because he had run away from them." They again dug the grave deeply for him, but in the morning they again saw that the earth had thrown his body out. They said, "This is an act of Muhammad and his companions. They dug the grave of our companion and threw his body outside it, for he had run away from them." They dug the grave for him as deep as they could, but in the morning they again saw that the earth had thrown his body out. So they believed that what had befallen him was not done by human beings and had to leave him thrown (on the ground).

`Abdullah bin Sahl and Muhaiyisa bin Mas`ud bin Zaid set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon `Abdullah bin Sah! and found him murdered agitating in his blood. He buried him and returned to Medina. `Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa, the sons of Mas`ud came to the Prophet and `Abdur Rahman intended to talk, but the Prophet said (to him), "Let the eldest of you speak." as `Abdur-Rahman was the youngest:. `Abdur-Rahman kept silent and the other two spoke. The Prophet said, "If you swear as to who has committed the murder, you will have the right to take your right from the murderer." They said, "How should we swear if we did not witness the murder or see the murderer?" The Prophet said, "Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder)." The!y said, "How should we believe in the oaths of infidels?" So, the Prophet himself paid the blood money (of `Abdullah). (See Hadith No. 36 Vol. 9.)

Abu Talha had a child who was sick. Once, while Abu Talha was out, the child died. When Abu Talha returned home, he asked, "How does my son fare?" Um Salaim (his wife) replied, "He is quieter than he has ever been." Then she brought supper for him and he took his supper and slept with her. When he had finished, she said (to him), "Bury the child (as he's dead)." Next morning Abu Talha came to Allah's Apostle and told him about that. The Prophet said (to him), "Did you sleep with your wife last night?" Abu Talha said, "Yes". The Prophet said, "O Allah! Bestow your blessing on them as regards that night of theirs." Um Sulaim gave birth to a boy. Abu Talha told me to take care of the child till it was taken to the Prophet. Then Abu Talha took the child to the Prophet and Um Sulaim sent some dates along with the child. The Prophet took the child (on his lap) and asked if there was something with him. The people replied, "Yes, a few dates." The Prophet took a date, chewed it, took some of it out of his mouth, put it into the child's mouth and did Tahnik for him with that, and named him 'Abdullah.

I was working in the market. A woman passed carrying a child. The people rushed towards her, and I also rushed along with them.

I then went to the Prophet (saws) while he was asking: Who is the father of this (child) who is with you? She remained silent.

A young man by her side said: I am his father, Messenger of Allah!

He then turned towards her and asked: Who is the father of this child with you?

The young man said: I am his father, Messenger of Allah! The Messenger of Allah (saws) then looked at some of those who were around him and asked them about him. They said: We only know good (about him).

The Prophet (saws) said to him: Are you married? He said: Yes. So he gave orders regarding him and he was stoned to death.

He (the narrator) said: We took him out, dug a pit for him and put him in it. We then threw stones at him until he died. A man then came asking about the man who was stoned.

We brought him to the Prophet (saws) and said: This man has come asking about the wicked man.

The Messenger of Allah (saws) said: He is more agreeable than the fragrance of musk in the eyes of Allah. The man was his father. We then helped him in washing, shrouding and burying him. (The narrator said:) I do not know whether he said or did not say "in praying over him." This is the tradition of Abdah, and it is more accurate.

I saw `Umar bin Al-Khattab a few days before he was stabbed in Medina. He was standing with Hudhaifa bin Al-Yaman and `Uthman bin Hunaif to whom he said, "What have you done? Do you think that you have imposed more taxation on the land (of As-Swad i.e. 'Iraq) than it can bear?" They replied, "We have imposed on it what it can bear because of its great yield." `Umar again said, "Check whether you have imposed on the land what it can not bear." They said, "No, (we haven't)." `Umar added, "If Allah should keep me alive I will let the widows of Iraq need no men to support them after me." But only four days had elapsed when he was stabbed (to death ). The day he was stabbed, I was standing and there was nobody between me and him (i.e. `Umar) except `Abdullah bin `Abbas. Whenever `Umar passed between the two rows, he would say, "Stand in straight lines." When he saw no defect (in the rows), he would go forward and start the prayer with Takbir. He would recite Surat Yusuf or An-Nahl or the like in the first rak`a so that the people may have the time to Join the prayer. As soon as he said Takbir, I heard him saying, "The dog has killed or eaten me," at the time he (i.e. the murderer) stabbed him. A non-Arab infidel proceeded on carrying a double-edged knife and stabbing all the persons he passed by on the right and left (till) he stabbed thirteen persons out of whom seven died. When one of the Muslims saw that, he threw a cloak on him. Realizing that he had been captured, the non-Arab infidel killed himself, `Umar held the hand of `Abdur-Rahman bin `Auf and let him lead the prayer. Those who were standing by the side of `Umar saw what I saw, but the people who were in the other parts of the Mosque did not see anything, but they lost the voice of `Umar and they were saying, "Subhan Allah! Subhan Allah! (i.e. Glorified be Allah)." `Abdur-Rahman bin `Auf led the people a short prayer. When they finished the prayer, `Umar said, "O Ibn `Abbas! Find out who attacked me." Ibn `Abbas kept on looking here and there for a short time and came to say. "The slave of Al Mughira." On that `Umar said, "The craftsman?" Ibn `Abbas said, "Yes." `Umar said, "May Allah curse him. I did not treat him unjustly. All the Praises are for Allah Who has not caused me to die at the hand of a man who claims himself to be a Muslim. No doubt, you and your father (Abbas) used to love to have more non-Arab infidels in Medina." Al-Abbas had the greatest number of slaves. Ibn `Abbas said to `Umar. "If you wish, we will do." He meant, "If you wish we will kill them." `Umar said, "You are mistaken (for you can't kill them) after they have spoken your language, prayed towards your Qibla, and performed Hajj like yours." Then `Umar was carried to his house, and we went along with him, and the people were as if they had never suffered a calamity before. Some said, "Do not worry (he will be Alright soon)." Some said, "We are afraid (that he will die)." Then an infusion of dates was brought to him and he drank it but it came out (of the wound) of his belly. Then milk was brought to him and he drank it, and it also came out of his belly. The people realized that he would die. We went to him, and the people came, praising him. A young man came saying, "O chief of the believers! Receive the glad tidings from Allah to you due to your company with Allah's Apostle and your superiority in Islam which you know. Then you became the ruler (i.e. Caliph) and you ruled with justice and finally you have been martyred." `Umar said, "I wish that all these privileges will counterbalance (my shortcomings) so that I will neither lose nor gain anything." When the young man turned back to leave, his clothes seemed to be touching the ground. `Umar said, "Call the young man back to me." (When he came back) `Umar said, "O son of my brother! Lift your clothes, for this will keep your clothes clean and save you from the Punishment of your Lord." `Umar further said, "O `Abdullah bin `Umar! See how much I am in debt to others." When the debt was checked, it amounted to approximately eighty-six thousand. `Umar said, "If the property of `Umar's family covers the debt, then pay the debt thereof; otherwise request it from Bani `Adi bin Ka`b, and if that too is not sufficient, ask for it from Quraish tribe, and do not ask for it from any one else, and pay this debt on my behalf." `Umar then said (to `Abdullah), "Go to `Aisha (the mother of the believers) and say: "`Umar is paying his salutation to you. But don't say: 'The chief of the believers,' because today I am not the chief of the believers. And say: "`Umar bin Al-Khattab asks the permission to be buried with his two companions (i.e. the Prophet, and Abu Bakr)." `Abdullah greeted `Aisha and asked for the permission for entering, and then entered to her and found her sitting and weeping. He said to her, "`Umar bin Al-Khattab is paying his salutations to you, and asks the permission to be buried with his two companions." She said, "I had the idea of having this place for myself, but today I prefer `Umar to myself." When he returned it was said (to `Umar), "`Abdullah bin `Umar has come." `Umar said, "Make me sit up." Somebody supported him against his body and `Umar asked (`Abdullah), "What news do you have?" He said, "O chief of the believers! It is as you wish. She has given the permission." `Umar said, "Praise be to Allah, there was nothing more important to me than this. So when I die, take me, and greet `Aisha and say: "`Umar bin Al-Khattab asks the permission (to be buried with the Prophet ), and if she gives the permission, bury me there, and if she refuses, then take me to the grave-yard of the Muslims." Then Hafsa (the mother of the believers) came with many other women walking with her. When we saw her, we went away. She went in (to `Umar) and wept there for sometime. When the men asked for permission to enter, she went into another place, and we heard her weeping inside. The people said (to `Umar), "O chief of the believers! Appoint a successor." `Umar said, "I do not find anyone more suitable for the job than the following persons or group whom Allah's Apostle had been pleased with before he died." Then `Umar mentioned `Ali, `Uthman, AzZubair, Talha, Sa`d and `Abdur-Rahman (bin `Auf) and said, "Abdullah bin `Umar will be a witness to you, but he will have no share in the rule. His being a witness will compensate him for not sharing the right of ruling. If Sa`d becomes the ruler, it will be alright: otherwise, whoever becomes the ruler should seek his help, as I have not dismissed him because of disability or dishonesty." `Umar added, "I recommend that my successor takes care of the early emigrants; to know their rights and protect their honor and sacred things. I also recommend that he be kind to the Ansar who had lived in Medina before the emigrants and Belief had entered their hearts before them. I recommend that the (ruler) should accept the good of the righteous among them and excuse their wrong-doers, and I recommend that he should do good to all the people of the towns (Al-Ansar), as they are the protectors of Islam and the source of wealth and the source of annoyance to the enemy. I also recommend that nothing be taken from them except from their surplus with their consent. I also recommend that he do good to the 'Arab bedouin, as they are the origin of the 'Arabs and the material of Islam. He should take from what is inferior, amongst their properties and distribute that to the poor amongst them. I also recommend him concerning Allah's and His Apostle's protectees (i.e. Dhimmis) to fulfill their contracts and to fight for them and not to overburden them with what is beyond their ability." So when `Umar expired, we carried him out and set out walking. `Abdullah bin `Umar greeted (`Aisha) and said, "`Umar bin Al-Khattab asks for the permission." `Aisha said, "Bring him in." He was brought in and buried beside his two companions. When he was buried, the group (recommended by `Umar) held a meeting. Then `Abdur-Rahman said, " Reduce the candidates for rulership to three of you." Az-Zubair said, "I give up my right to `Ali." Talha said, "I give up my right to `Uthman," Sa`d, 'I give up my right to `Abdur-Rahman bin `Auf." `Abdur-Rahman then said (to `Uthman and `Ali), "Now which of you is willing to give up his right of candidacy to that he may choose the better of the (remaining) two, bearing in mind that Allah and Islam will be his witnesses." So both the sheiks (i.e. `Uthman and `Ali) kept silent. `Abdur-Rahman said, "Will you both leave this matter to me, and I take Allah as my Witness that I will not choose but the better of you?" They said, "Yes." So `Abdur-Rahman took the hand of one of them (i.e. `Ali) and said, "You are related to Allah's Apostle and one of the earliest Muslims as you know well. So I ask you by Allah to promise that if I select you as a ruler you will do justice, and if I select `Uthman as a ruler you will listen to him and obey him." Then he took the other (i.e. `Uthman) aside and said the same to him. When `Abdur-Rahman secured (their agreement to) this covenant, he said, "O `Uthman! Raise your hand." So he (i.e. `Abdur-Rahman) gave him (i.e. `Uthman) the solemn pledge, and then `Ali gave him the pledge of allegiance and then all the (Medina) people gave him the pledge of allegiance.

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisas." The killer went to his people and they said, "We will take an oath." Then a woman from Banu Hashim who was married to one of them (i.e.the Quraishis) and had given birth to a child from him, came to Abu Talib and said, "O Abu Talib! I wish that my son from among the fifty men, should be excused from this oath, and that he should not take the oath where the oathtaking is carried on." Abu Talib excused him. Then another man from them came (to Abu Talib) and said, "O Abu Talib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So there are two camels I would like you to accept from me and excuse me from taking an oath where the oaths are taken. Abu Talib accepted them from him. Then 48 men came and took the oath. Ibn `Abbas further said:) By Him in Whose Hand my life is, before the end of that year, none of those 48 persons remained alive.

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."