Ibn ‘Abbas told that the Prophet said to a man whom he had asked to take an oath, “Swear by God than Whom there is no god that you have nothing belonging to him,” i.e. the plaintiff. Abu Dawud transmitted it.

A Jew and I shared some land and he denied my right, so I took him to the Prophet who asked me whether I had any proof. When I replied that I had none and he told the Jew to swear an oath, I said, “Messenger of God, he will swear an oath and go off with my property.” Then God most high sent down, “Those who barter for a small price God’s covenant and their oaths . . .” (Al-Qur’an, 3:77) Abu Dawud and Ibn Majah transmitted it.

He told that a man of Kinda and a man of Hadramaut brought a dispute before God’s Messenger about land in the Yemen. The Hadrami said, “Messenger of God, this man’s father took my land forcibly from me, and it is in his hands.” He asked him if he had any proof, and he replied, “No, but I shall require him to swear by God he does not know it is my land which his father took forcibly from me.” The Kindi was prepared to take the oath, but when God’s Messenger said, “Anyone who appropriates property by an oath will meet God in a maimed condition,” the Kindi said, “It is his land.” Abu Dawud transmitted it.

‘Abdallah b. Unais reported God’s Messenger as saying, “Among the most serious of major sins are attributing a partner to God, unfilial behaviour, and deliberate perjury. If anyone swears an oath which he is compelled to take (or a firm oath) and introduces into it as much falsehood as a gnat’s wing, a spot will be put in his heart till the day of resurrection.” Tirmidhi transmitted it, saying this is a gharib tradition.

Jabir reported God’s Messenger as saying, “If anyone swears a false oath near this pulpit of mine, even though it be about a green tooth stick, he will come to his place in hell,” or, “he will certainly go to hell.” Malik, Abu Dawud and Ibn Majah transmitted.

Khuraim o. Fatik told that when God’s Messenger had finished praying the morning prayer he stood up and said three times, “False witness has been made equivalent to attributing a partner to God. He then recited, “So avoid the abomination of idols and avoid spreading falsehood as people pure of faith to God, not associating anything with Him." (Al-Qur’an, 22:30) Abu Dawud and Ibn Majah transmitted it and Ahmad and Tirmidhi transmitted it on the authority of Aiman b. Khuraim. Ibn Majah did not mention what he recited.

‘A’isha reported God’s Messenger as saying, “The testimony of a deceitful man or woman, or of one who has been flogged for transgressing the bounds set by God, or of one who harbours rancour against his brother, or of one suspected regarding the patrons he claims or relationship, or of one who is dependent on a family is not allowable." Tirmidhi transmitted it, saying this is a gharib tradition and that the traditions of Yazid b. Ziyad ad-Dimashqi, the transmitter, are rejected.

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported the Prophet as saying, “The testimony of a deceitful man or woman, or of an immoral man or woman, or of one who harbours rancour against his brother is not allowable," and he rejected the testimony of one who is dependent on a family. Abu Dawud transmitted it.

Abu Huraira reported God's Messenger as saying, “The testimony of a nomadic Arab against a townsman is not allowable." Abu Dawud and Ibn Majah transmitted it.

‘Auf b. Malik told that the Prophet gave a decision between two men and that when the one against whom the decision had been given turned away he said, “My sufficiency is God, and good is the Guardian." Thereupon the Prophet said, “God most high blames for falling short, hut apply intelligence, and when a matter gets the better of you say, 'My sufficiency is God, and good is the Guardian’. (Al-Qur’an, 3:173) Abu Dawud transmitted it.

Bahz b. Hakim, on his father’s authority, said his grandfather told that the Prophet imprisoned a man on suspicion. Abu Dawud transmitted it, and Tirmidhi and Nasa’i added that afterwards let him go.

‘Abdallah b. az-Zubair told that God’s Messenger gave the decision that the two adversaries should be made to sit in front of the judge. Ahmad and Abu Dawud transmitted it.

Imran b. Husain said that a man who had no other property emancipated six slaves of his at the time of his death. God’s Messenger called for them, and after dividing them into three sections, casting lots among them, setting two free and keeping four in slavery,* he spoke severely of him. Nasa’i transmitted it on ‘Imran’s authority, but in place of “he spoke severely of him,” he mentioned that the Prophet said, “I was inclined not to pray over him.” In Abu Dawud’s version he said, “Had I been present before his burial, he would not have been buried in a Muslim cemetery.” Muslim transmitted it. *The principle is that at least two-thirds of a dead man's property must go to the heirs.

Abu Huraira reported God's Messenger as saying, “A son does not repay what he owes his father unless he buys him and emancipates him if he finds him in slavery.” Muslim transmitted it.

Ibn ‘Abbas reported the Prophet as saying, “When a man’s slave-woman bears him a child she becomes free at his death.”* Darimi transmitted it. * The text has 'au durbur in minhu au ba'dahu’ indicating a doubt on the part of a transmitter as to which words were used. Both expressions amount to the same thing so it seems sufficient to give "at his death" in the translation above.

In the time of God’s Messenger and of Abu Bakr we sold slave women who had borne children, but when ‘Umar was in power he forbade us to do so and we stopped. Abu Dawud transmitted it.

Thabit b. ad-Dahhak reported God’s Messenger as saying, “If anyone swears by a religion other than Islam falsely he is like what he has said.* A son of Adam may not take a vow about something which he does not possess, and if anyone kills himself with something in this world he will be punished with it on the day of resurrection. If anyone curses a believer it is like murdering him, if anyone charges a believer with infidelity it is like murdering him, and if anyone makes a false claim to gain much thereby God will give him less instead of more.” (Bukhari and Muslim.) *Opinions differ about the meaning. Some say it means he is a liar, others that he is an infidel.

Abu Musa reported God’s Messenger as saying, “I swear by God that if God will, I shall not swear an oath and then consider something else to be better than it without making atonement for my oath and doing the thing that is better.” (Bukhari and Muslim.)

A version has, "Do the thing that is better and make atonement for your oath.’* Bukhari, al-Aiman wan-nudhur, I and Muslim, Aiman, 19 give the first form in full. I have not found the other version.

Abu Huraira reported God’s Messenger as saying, "If anyone swears an oath and considers something else to be better than it he should make atonement for his oath and do that.” Muslim transmitted it.

Buraida reported God’s Messenger as saying, “He who swears by faithfulness* is not one of our number.” Abu Dawud transmitted it. * Amana. It is held that the objection is due to the fact that the word is not the name of one of God's attributes, but merely one of the duties prescribed to mankind. It is an unsuitable word because its use suggests that it is being equated with one of God’s attributes.

He reported God’s Messenger as stating that if anyone says, “I am free from Islam,” that is just as he has said if he is lying, but if he is speaking the truth he will not return safely to Islam. Abu Dawud, Nasa’i and Ibn Majah transmitted it.

‘Amr b. Shu'aib, on his father’s authority, said that his grandfather told of a woman who said, “Messenger of God, I have taken a vow to play the tambourine over you,” to which he replied, “Fulfil your vow.” Abu Dawud transmitted it. Razin added that she said, “And I have taken a vow to perform a sacrifice in such and such a place,” a place in which people had performed sacrifices in pre-Islamic times. He asked whether that place contained any idol worshipped in pre-Islamic times, and she replied that it did not. He asked whether any pre-Islamic festival was observed there, and she replied that none was. He then said, “Fulfil your vow.” Razin

bu Lubaba told that she said to the Prophet, “To make my repentance complete* I should abandon my people’s abode in which I committed sin and divest myself of all my property to be given as sadaqa.” He replied, “A third will be enough for you to give.” Razin transmitted it. * The story is given in Ibn Hisham’s as-Sirat an nabawiya (Cairo, 1355/1936), iii. 247. Quraiza had consulted him as to whether they should surrender unconditionally, and while he replied that they should, he put his hand to his throat to indicate that if they did they would be put to death, thus giving them a warning. Al-Qur’an, 8:27 is said to be connected with this incident.

Jabir b. ‘Abdallah told that a man got up on the day of the Conquest and said, “Messenger of God, I have vowed to God who is great and glorious that if God conquers Mecca at your hands I shall pray two rak'as in Jerusalem.” He replied, “Pray here.” He repeated his statement to him and he replied, “Pray here.” He again repeated it to him and he replied, “Pursue your own course, then.” Abu Dawud and Darimi transmitted it.

Ibn ‘Abbas told that the sister of ‘Uqba b. ‘Amir took a vow to perform the Pilgrimage on foot, but was unable to do so. God’s Messenger then said, “God is not in need of your sister’s walking, so let her ride and present a sacrificial camel.”* Abu Dawud and Darimi transmitted it. *Arabic budana In a version by Abu Dawud it says the Prophet ordered her to ride and offer animals for sacrifice.* In another version by him the Prophet said, “God gets no good from the affliction your sister imposes on herself, so let her perform the Pilgrimage riding and make atonement for her oath.” Abu Dawud. *Arabic hady

‘Abdallah b. Malik told that when ‘Uqba b. ‘Amir consulted the Prophet about a sister of his who had vowed to perform the Pilgrimage. If barefoot and bareheaded, he said, “Command her to cover her head and to ride, and to fast three days.” Abu Dawud, Tirmidhi, Nasa’i, Ibn Majah and Darimi transmitted it.

‘Imran b. Husain told that he heard God’s Messenger say, “Vows are of two kinds, so if anyone vows to do an act of obedience, that is for God and must be fulfilled; but if anyone vows, to do an act of disobedience, that is for the devil and must not be fulfilled, but he must make atonement for it to the extent he would do in the case of an oath.”

Muhammad b. al-Muntashir told of a man who vowed to sacrifice himself if God rescued him from his enemy. He consulted Ibn ‘Abbas who told him to consult Masruq, and when he consulted him he replied, “Do not sacrifice yourself, for if you are a believer, you will kill a believing soul, and if you are an infidel you will hasten to hell; but buy a ram and sacrifice it for the poor, for Isaac was better than you and he was ransomed with a ram.”* He told Ibn ‘Abbas and he replied, “This is the decision I wanted to give you.” Razin transmitted it. *This agrees with the story in the Old Testament which says that Abraham was preparing to sacrifice Isaac, whereas the usual Muslim version is that it was Ishmael.

Al-Miqdad b. al-Aswad told that he said, “Tell me, Messenger of God, supposing I meet an infidel and we fight together and he strikes one of my hands with his sword and cuts it off, then flies for refuge from me to a tree and says he has submitted himself to God (or, in another version, says when I intend to kill him that there is no god but God), shall I kill him after he has said it?” He replied, “Do not kill him.” He protested, “But, Messenger of God, he cut off one of my hands.” God’s Messenger then replied, “Do not kill him, for if you do so, he will be in the position in which you were before you killed him, and you will be in the position in which he was before he made his testimony.”* (Bukhari and Muslim.) *i.e. he will now be one for whose killing retaliation may be demanded, and you will be one whose blood may lawfully be shed.

God’s Messenger sent us to some people of Juhaina, and I attacked one of them and was about to spear him when he said, “There is no god but God.” I then speared him and killed him, after which I went and told the Prophet. He said, “Did you kill him when he had testified that there is no god but God?” I replied, “Messenger of God, he did that only as a means to escape death.” He asked, “Why did you not split his heart?”* (Bukhari and Muslim.) *He is here rebuked for attributing motives to the man when he could not know his inner motive. Splitting the heart is a figure of speech for examining the inner motives. In the version of Jundub b. ‘Abdallah al-Bajali God’s Messenger is reported as saying several times, “How will you deal with ‘There is no god but God’ when it comes on the day of resurrection?” Muslim transmitted it.

‘Abdallah b. ‘Amr reported God’s Messenger as saying, “If anyone kills a man who has made a covenant* he will not experience the fragrance of paradise, yet its odour can be experienced at a distance of forty years’ journey.” Bukhari transmitted it. * Mu'ahid. This is used of a member of protected communities, but is also used of anyone who belongs to a non-Muslim community with whom a treaty of peace has been made.

Abu Huraira reported God’s Messenger as saying, “He who throws himself from a mountain and kills himself will be thrown down in the fire of jahannam and remain in it for ever and ever; he who sips poison and kills himself will have his poison in his hand and sip it for ever and ever in the fire of jahannam; and he who kills himself with a piece of iron will have his piece of iron in his hand and will be stabbed with it in his belly in the fire of jahannam for ever and ever.” (Bukhari and Muslim.)

Abu Shuraih al-Ka'bi reported God’s Messenger as saying, “Then you, Khuza’a, have killed this man of Hudhail, but I swear by God that I will pay his blood wit. If anyone kills a man hereafter his people will have a choice, to kill him if they wish, or to accept blood wit if they wish." Tirmidhi and Shafi‘i transmitted it. It occurs in Sharh as-sunna with his isnad, but it states clearly that it does not occur in the two Sahihs on the authority of Abu Shuraih, saying that they rendered it from Abu Huraira’s version, meaning something similar.* *In Masabih as-sunna the tradition is given among the sound ones without any reference to its source. Here Sharh as-sunna is quoted to the effect that the above tradition is not given by Bukhari or Muslim, but that they give something similar on Abu Huraira’s authority. Section 1 is normally confined to traditions from Bukhari or Muslim, or from both, so it is strange to find that a tradition from another source is here preferred to theirs.

Anas said that a Jew crushed a girl’s head between two stones and she was asked who had done this to her, whether it was so and so, or so and so, until the Jew was named, whereupon she gave a sign with her head. The Jew was fetched, and when he admitted it God’s Messenger gave command that his head should be crushed with stones. (Bukhari and Muslim.)

He reported God’s Messenger as saying, “God may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer.” Abu Dawud transmitted it, and Nasa’i transmitted it on the authority of Mu'awiya.

I came to God’s Messenger with my father, and on his asking who this was along with him, he replied, “He is my son; be witness to the fact.” He said, “He will not bring evil on you, nor will you bring evil on him.”* Abu Dawud and Nasa’i transmitted it. * This is explained as meaning that neither will be punished for the wrong done by the other. In Sharh as-sunna there is an addition at the beginning. He said: I went in with my father to see God’s Messenger, and when my father saw what was on God's Messenger’s back he said, “Let me treat what is on your back, for I am a physician.” He replied, “You are the helper, but God is the Physician.”* *i.e. you act in a gentle manner giving help and advice, but only God can cure.

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that Suraqa b. Malik said he was present when God's Messenger allowed a father to take retaliation on his son, but did not allow a son to take retaliation on his father. Tirmidhi transmitted it, declaring it to be weak.

‘Ali reported the Prophet as saying, “The lives of all Muslims are equal; the lowliest of them can guarantee their protection, the most distant can keep others from breaking protection he has given,* and they are one band against others. A Muslim must not be killed for an infidel, nor must one who has been given a covenant be killed while his covenant holds.” Abu Dawud and Nasa’i transmitted it, and Ibn Majah transmitted it on the authority of Ibn ‘Abbas. * The interpretation which seems to be preferred is that no matter how far one may live from the land of infidels, any protection one may guarantee to an infidel must be respected by all Muslims. Another possible explanation is that when a detachment is sent ahead into infidel country those who remain behind them are entitled to their portion of any spoil they take, but it is felt that this meaning does not suit the context. The Arabic words are wa-yaruddu 'alaihim aqsahum.

Abu Shuraih al-Khuza'i told that he heard God's Messenger say, “If a relative of anyone is killed, or if he suffers khabal, which means a wound, he may choose one of three things, but if he wants anything more* you must restrain him. He may retaliate, or forgive, or receive compensation; but if he accepts one of these and afterwards asks something more, he will go to hell for ever and ever.” Darimi transmitted it. * Literally “the fourth.”

Ta’us, on the authority of Ibn ‘Abbas, reported God’s Messenger as saying, “If anyone is killed in error when people are throwing stones, or by beating with whips, or striking with a stick, it is accidental and the compensation for accidental death is due.* But if anyone kills someone deliberately retaliation is due, and if anyone tries to prevent it God’s curse and anger will rest on him, and neither supererogatory nor obligatory acts will be accepted from him.” Abu Dawud and Nasa’i transmitted it. *These are instances in which the actual person who killed him is not clearly known, or where there was no intention to kill.

Jabir reported God’s Messenger as saying, “I will not forgive any-one who kills after accepting blood wit.” Abu Dawud transmitted it.

Jundub said he was told by so and so that God’s Messenger said, “On the day of resurrection the man who has been killed will bring the one who killed him and say, ‘Ask this man why he killed me,’ and he will say, ‘I killed him on account of so and so's property’.”* Jundub said, “Avoid that.” Nasa’i transmitted it. * There is some doubt as to whether the word is to be read milk or mulk. The translation above follows the former the latter is the correct reading it would require "in the time of so and so's reign." This, however, does not seem to suit the context.

Abu Huraira reported God’s Messenger as saying, “If anyone helps in killing a believer to the extent of half a word,* he will meet God with ‘Despairing of God’s mercy’ written on his forehead.” Ibn Majah transmitted it. * This is taken to mean that it is a serious matter even to utter half the word which expresses an intention to kill a believer.

Ibn ‘Umar reported the Prophet as saying, “If a man seizes a man and another kills him, the one who killed him is to be killed and the one who seized him is to be imprisoned.” Daraqutni transmitted it.

Abu Huraira told that God’s Messenger gave judgment, when the child of a woman of the B. Lihyan was born dead,* that a male or female slave of the best quality be paid in compensation. Then the woman against whom he had given this judgment died, and God’s Messenger gave judgment that her sons and husband should inherit from her and that the compensation should be paid by her relatives on her father’s side. (Bukhari and Muslim.) * Lihyan were a section of the tribe of Hudhail, so this tradition may be explained by what is said in the next ones. It was not merely an instance of a child being born dead; this was due to the injury caused by another woman.

He said that two women of Hudhail fought together and one of them threw a stone at the other killing both her and what was in her womb. Then God’s Messenger gave judgment that the blood wit for her unborn child should be a male or female slave of the best quality, he gave judgment that the woman responsible for blood wit should pay her blood wit, and he made her sons and those who were with them her heirs. (Bukhari and Muslim.)

‘Amr b. Shu'aib, on his father’s authority, said his grandfather told that God’s Messenger said in the course of an address in the year of the Conquest, “O people, there is no confederacy in Islam, but such as existed in pre-Islamic times is made still stronger by Islam. The believers are one band against others, the lowliest of them gives protection as from all, the most distant of them sends back spoil to them,* their expeditions sending it back to those who are at home. A believer shall not be killed for an infidel. The blood wit for an infidel is half that for a Muslim. There is to be no bringing in of animals to be assessed for zakat, neither are they to be removed to their pastures, but the sadaqat are to be received only in their dwellings.”, And in a version he said, “The blood wit for one with whom a covenant has been made is half that for a freeman.” Abu Dawud transmitted it. * Here the context seems to require this translation but cf. p. 739, n 1.

Khishf b. Malik, on the authority of Ibn Mas'ud, said God’s Messenger gave judgment that the blood wit for accidental killing should be twenty female and twenty male camels which had entered their second year, twenty she-camels which had entered their third year, twenty she-camels in their fifth year and twenty she-camels in their fourth year. Tirmidhi, Abu Dawud and Nasa’i transmitted it, but the sound view is that it does not go back beyond Ibn Mas'ud. Khishf is unknown, being known only by this tradition. It is transmitted in Sharh as-sunna that the Prophet paid bloodwit for those slain at Khaibar from the camels of the sadaqa, but the male camel which has entered its second year is not among the age groups of the camels of the sadaqa, only the male camel which has entered its third year being included.

‘Amr b. Shu'aib, on his father's authority, said his grandfather told that the value of the blood wit in the time of God’s Messenger was eight hundred dinars or eight thousand dirhams, and that the blood wit for the people of the Book at that time was half that for Muslims. He said that applied till ‘Umar became Caliph, and he made a speech in which he said camels had become dear; so ‘Umar fixed the value for those who possessed gold at a thousand dinars, for those who possessed silver at twelve thousand,* for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. But he said he left the blood wit for dhimmis as it was, not raising it in proportion to the increase he made in the blood wit. Abu Dawud transmitted it. *i.e. dirhams