Anas said, "Some people of `Ukl or `Uraina tribe came to Medina and its climate did not suit them. So the Prophet ordered them to go to the herd of (Milch) camels and to drink their milk and urine (as a medicine). So they went as directed and after they became healthy, they killed the shepherd of the Prophet and drove away all the camels. The news reached the Prophet early in the morning and he sent (men) in their pursuit and they were captured and brought at noon. He then ordered to cut their hands and feet (and it was done), and their eyes were branded with heated pieces of iron, They were put in 'Al-Harra' and when they asked for water, no water was given to them." Abu Qilaba said, "Those people committed theft and murder, became infidels after embracing Islam and fought against Allah and His Apostle ."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, that Abu Murra, the mawla of Aqil ibn Abi Talib, told him that he had heard Umm Hani bint Abi Talib say, "I went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest and found him doing ghusl while his daughter Fatima, was screening him with a garment. I said to him, 'Peace be upon you' and he said, 'Who is that?' I replied, 'Umm Hani bint Abi Talib,' and he said, 'Welcome, Umm Hani!' When he had finished his ghusl, he stood and prayed eight rakas, covering himself with one garment, and then came away. I said, 'Messenger of Allah, the son of my mother, AIi, says that he is determined to kill so-and-so, son of Hubayra, a man I have placed under my protection.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'We give protection to whoever you have given protection to, Umm Hani.' "

Umm Hani related that this incident happened in the morning.

While I was walking with the Prophet at the Hurra of Medina in the evening, the mountain of Uhud appeared before us. The Prophet said, "O Abu Dhar! I would not like to have gold equal to Uhud (mountain) for me, unless nothing of it, not even a single Dinar remains of it with me, for more than one day or three days, except that single Dinar which I will keep for repaying debts. I will spend all of it (the whole amount) among Allah's slaves like this and like this and like this." The Prophet pointed out with his hand to illustrate it and then said, "O Abu Dhar!" I replied, "Labbaik wa Sa`daik, O Allah's Apostle!" He said, "Those who have much wealth (in this world) will be the least rewarded (in the Hereafter) except those who do like this and like this (i.e., spend their money in charity)." Then he ordered me, "Remain at your place and do not leave it, O Abu Dhar, till I come back." He went away till he disappeared from me. Then I heard a voice and feared that something might have happened to Allah's Apostle, and I intended to go (to find out) but I remembered the statement of Allah's Apostle that I should not leave, my place, so I kept on waiting (and after a while the Prophet came), and I said to him, "O Allah's Apostle, I heard a voice and I was afraid that something might have happened to you, but then I remembered your statement and stayed (there). The Prophet said, "That was Gabriel who came to me and informed me that whoever among my followers died without joining others in worship with Allah, would enter Paradise." I said, "O Allah's Apostle! Even if he had committed illegal sexual intercourse and theft?" He said, "Even if he had committed illegal sexual intercourse and theft."

While I was walking with the Prophet in the Harra of Medina, Uhud came in sight. The Prophet said, "O Abu Dhar!" I said, "Labbaik, O Allah's Apostle!" He said, "I would not like to have gold equal to this mountain of Uhud, unless nothing of it, not even a single Dinar of it remains with me for more than three days, except something which I will keep for repaying debts. I would have spent all of it (distributed it) amongst Allah's Slaves like this, and like this, and like this." The Prophet pointed out with his hand towards his right, his left and his back (while illustrating it). He proceeded with his walk and said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except those who spend their wealth like this, and like this, and like this, to their right, left and back, but such people are few in number." Then he said to me, "Stay at your place and do not leave it till I come back." Then he proceeded in the darkness of the night till he went out of sight, and then I heard a loud voice, and was afraid that something might have happened to the Prophet .1 intended to go to him, but I remembered what he had said to me, i.e. 'Don't leave your place till I come back to you,' so I remained at my place till he came back to me. I said, "O Allah's Apostle! I heard a voice and I was afraid." So I mentioned the whole story to him. He said, "Did you hear it?" I replied, "Yes." He said, "It was Gabriel who came to me and said, 'Whoever died without joining others in worship with Allah, will enter Paradise.' I asked (Gabriel), 'Even if he had committed theft or committed illegal sexual intercourse? Gabriel said, 'Yes, even if he had committed theft or committed illegal sexual intercourse."

Abu dawud said: Ibn Wahb transmitted this tradition from Yunus on the authority of al-Zuhri, and in this version he said al-Laith has said: A woman committed theft during the lifetime of the Prophet (saws) on the occasion of the Conquest (of Mecca). It has been transmitted by al-Laith from Yunus on the authority of Ibn Shihab through his chain of narrators. He said in this version: A woman borrowed goods. Mas'ud bin al-Aswad also transmitted a similar tradition from the Prophet (saws) and said: A velvet was stolen from the house of the Messenger of Allah (saws).

Abu Dawud said: Abu al-Zubair reported on the authority of Jabir: A woman committed theft and took refuge with Zainab daughter of Prophet (saws).

A group of people from `Ukl (or `Uraina) tribe ----but I think he said that they were from `Ukl came to Medina and (they became ill, so) the Prophet ordered them to go to the herd of (Milch) she-camels and told them to go out and drink the camels' urine and milk (as a medicine). So they went and drank it, and when they became healthy, they killed the shepherd and drove away the camels. This news reached the Prophet early in the morning, so he sent (some) men in their pursuit and they were captured and brought to the Prophet before midday. He ordered to cut off their hands and legs and their eyes to be branded with heated iron pieces and they were thrown at Al-Harra, and when they asked for water to drink, they were not given water. (Abu Qilaba said, "Those were the people who committed theft and murder and reverted to disbelief after being believers (Muslims), and fought against Allah and His Apostle").

Yahya related to me from Malik from Abdullah ibn Yazid, the mawla of al-Aswad ibn Sufyan from Abu Salama ibn Abd ar-Rahman ibn Awf from Fatima bint Qays that Abu Amr ibn Hafs divorced her absolutely while he was away in Syria. His agent sent her some barley and she was displeased with it, saying, "By Allah, I don't expect anything from you." She went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned it to him. He said, "You have no maintenance." He then ordered her to spend her idda in the house of Umm Sharik. Then he said, "This is a woman whom my companions visit. Spend the idda in the house of Ibn Umm Maktum. He is a blind man and you can undress at his home. When you are free to remarry, tell me."

She continued, "When I was free to remarry, I mentioned to him that Muawiya ibn Abi Sufyan and Abu Jahm ibn Hisham had asked for me in marriage. The Messenger of Allah, may Allah bless him and grant him peace, said, 'As for Abu Jahm, he never puts down his stick from his shoulder (i.e. he is always travelling), and as for Muawiya he is a poor man with no property. Marry Usama ibn Zayd.' I objected to him and he said, 'Marry Usama ibn Zayd,' so I married him, and Allah put good in it and I was content with him."

A group of people from `Ukl (tribe) came to the Prophet and they were living with the people of As- Suffa, but they became ill as the climate of Medina did not suit them, so they said, "O Allah's Apostle! Provide us with milk." The Prophet said, I see no other way for you than to use the camels of Allah's Apostle." So they went and drank the milk and urine of the camels, (as medicine) and became healthy and fat. Then they killed the shepherd and took the camels away. When a help-seeker came to Allah's Apostle, he sent some men in their pursuit, and they were captured and brought before mid day. The Prophet ordered for some iron pieces to be made red hot, and their eyes were branded with them and their hands and feet were cut off and were not cauterized. Then they were put at a place called Al- Harra, and when they asked for water to drink they were not given till they died. (Abu Qilaba said, "Those people committed theft and murder and fought against Allah and His Apostle.")

A group of eight men from the tribe of 'Ukil came to the Prophet and then they found the climate of Medina unsuitable for them. So, they said, "O Allah's Apostle! Provide us with some milk." Allah's Apostle said, "I recommend that you should join the herd of camels." So they went and drank the urine and the milk of the camels (as a medicine) till they became healthy and fat. Then they killed the shepherd and drove away the camels, and they became unbelievers after whey were Muslims. When the Prophet was informed by a shouter for help, he sent some men in their pursuit, and before the sun rose high, they were brought, and he had their hands and feet cut off. Then he ordered for nails which were heated and passed over their eyes, and whey were left in the Harra (i.e. rocky land in Medina). They asked for water, and nobody provided them with water till they died (Abu Qilaba, a sub-narrator said, "They committed murder and theft and fought against Allah and His Apostle, and spread evil in the land.")

Yahya related to me from Malik from Hisham ibn Urwa from Fatima bint al Mundhir that Asma bint Abi Bakr as-Siddiq said, "I went to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, during an eclipse of the sun, and everybody was standing in prayer, and she too was standing praying. I said, 'What is everybody doing?' She pointed towards the sky with her hand and said, 'Glory be to Allah.' I said, 'A sign?' She nodded 'Yes' with her head."

She continued, "I stood until I had almost fainted, and I began to pour water over my head. The Messenger of Allah, may Allah bless him and grant him peace, praised Allah and spoke well of Him, and then said, 'There is nothing which I had previously not seen beforehand that I have not now seen while standing - even the Garden and the Fire. It has been revealed to me that you will be tried in your graves with a trial, like, or near to, the trial of the Dajjal (I do not know which one Asma said). Every one of you will have someone who comes to him and asks him, 'What do you know about this man?' A mumin, or one who has certainty (muqin) (I do not know which one Asma said), will say, 'He is Muhammad, the Messenger of Allah, may Allah bless him and grant him peace, who came to us with clear proofs and guidance, and we answered and believed and followed.' He will then be told, 'Sleep in a good state. We know now that you were a mumin.' A hypocrite, however, or one who has doubts (l do not know which one Asma said), will say, 'I do not know, I heard everybody saying something and I said it.' "

Abu Shuraih said, "When `Amr bin Sa`id was sending the troops to Mecca (to fight `Abdullah bin Az- Zubair) I said to him, 'O chief! Allow me to tell you what the Prophet said on the day following the conquests of Mecca. My ears heard and my heart comprehended, and I saw him with my own eyes, when he said it. He glorified and praised Allah and then said, "Allah and not the people has made Mecca a sanctuary. So anybody who has belief in Allah and the Last Day (i.e. a Muslim) should neither shed blood in it nor cut down its trees. If anybody argues that fighting is allowed in Mecca as Allah's Apostle did fight (in Mecca), tell him that Allah gave permission to His Apostle, but He did not give it to you. The Prophet added: Allah allowed me only for a few hours on that day (of the conquest) and today (now) its sanctity is the same (valid) as it was before. So it is incumbent upon those who are present to convey it (this information) to those who are absent." Abu- Shuraih was asked, "What did `Amr reply?" He said `Amr said, "O Abu Shuraih! I know better than you (in this respect). Mecca does not give protection to one who disobeys (Allah) or runs after committing murder, or theft (and takes refuge in Mecca).

They came to an-Nu'man and said: You have set them free without beating and investigation. An-Nu'man said: What do you want? You want me to beat them. If your goods are found with them, then it is all right; otherwise, I shall take (retaliation) from your back as I have taken from their backs. They asked: Is this your decision? He said: This is the decision of Allah and His Apostle (saws).

Abu Dawud said: By this statement he frightened them ; that is, beating is not necessary except after acknowledgement.

Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, ''Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,' (Sura 33 ayat 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla.

"Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will be mahram by it.' She then saw him as a foster son. A'isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No! By Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!'

"This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."

A thief who had accepted (having committed theft) was brought to the Prophet (saws), but no good were found with him. The Messenger of Allah (saws), said to him: I do not think you have stolen. He said: Yes, I have. He repeated it twice or thrice. So he gave orders. His hand was cut off and he was then brought to him. He said: Ask Allah's pardon and turn to Him in repentance. He said: I ask Allah's pardon and turn to Him in repentance. He (the Prophet) then said: O Allah, accept his repentance.

Abu Dawud said: It has been transmitted by 'Amr b. Asim, from Hammam, from Ishaq b. 'Abd Allah from Abu Ummayyah, a man of the Ansar from the Prophet (saws).

The Prophet said, "None spoke in cradle but three: (The first was) Jesus, (the second was), there a man from Bani Israel called Juraij. While he was offering his prayers, his mother came and called him. He said (to himself), 'Shall I answer her or keep on praying?" (He went on praying) and did not answer her, his mother said, "O Allah! Do not let him die till he sees the faces of prostitutes." So while he was in his hermitage, a lady came and sought to seduce him, but he refused. So she went to a shepherd and presented herself to him to commit illegal sexual intercourse with her and then later she gave birth to a child and claimed that it belonged to Juraij. The people, therefore, came to him and dismantled his hermitage and expelled him out of it and abused him. Juraij performed the ablution and offered prayer, and then came to the child and said, 'O child! Who is your father?' The child replied, 'The shepherd.' (After hearing this) the people said, 'We shall rebuild your hermitage of gold,' but he said, 'No, of nothing but mud.'(The third was the hero of the following story) A lady from Bani Israel was nursing her child at her breast when a handsome rider passed by her. She said, 'O Allah ! Make my child like him.' On that the child left her breast, and facing the rider said, 'O Allah! Do not make me like him.' The child then started to suck her breast again. (Abu Huraira further said, "As if I were now looking at the Prophet sucking his finger (in way of demonstration.") After a while the people passed by, with a lady slave and she (i.e. the child's mother) said, 'O Allah! Do not make my child like this (slave girl)!, On that the child left her breast and said, 'O Allah! Make me like her.' When she asked why, the child replied, 'The rider is one of the tyrants while this slave girl is falsely accused of theft and illegal sexual intercourse."

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."