From his father, from his grandfather, that the Messenger of Allah (saws) said during his Khutbah: "Fulfill the allegiances sworn in Jahiliyyah for it" - meaning Islam - "does not add to them except in gravity. And do not initiate new allegiances in Islam."

[He said:] There are narration on this topic from 'Abdur-Rahman bin 'Awf, Umm Salamah, Jubair bin Mut'im, Abu Hurairah, Ibn 'Abbas, and Qais bin 'Asim.

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

I arrived at Medina and was asked whether I found any change since the days of Allah's Apostle. I said, "I have not found any change except that you do not stand in alignment in your prayers."

Yahya related to me from Malik from Salama ibn Safwan ibn Salama az-Zuraqi that Zayd ibn Talha ibn Rukana, who attributed it to the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Every deen has an innate character. The character of Islam is modesty.' "

The Prophet divided and distributed something as he used to do for some of his distributions. A man from the Ansar said, "By Allah, in this division the pleasure of Allah has not been intended." I said, "I will definitely tell this to the Prophet ." So I went to him while he was sitting with his companions and told him of it secretly. That was hard upon the Prophet and the color of his face changed, and he became so angry that I wished I had not told him. The Prophet then said, "Moses was harmed with more than this, yet he remained patient."

Al-Abbas ibn AbdulMuttalib brought AbuSufyan ibn Harb to the Messenger of Allah (saws) in the year of the conquest (of Mecca). So he embraced Islam at Marr az-Zahran. Al-Abbas said to him: Messenger of Allah, AbuSufyan is a man who likes taking this pride, if you may do something for him. He said: Yes, he who enters the house of AbuSufyan is safe, and he who closes his door is safe.

The Prophet (saws) said: If anyone takes land by (paying) its jizyah, he renounces his immigration; and if anyone takes off the disgrace of an unbeliever from his neck he turns away his back from Islam. He (the narrator) said: Thereafter Khalid ibn Ma'dan heard this tradition from me, and he said: Has Shubayb narrated it to you? I said: Yes. He said! When you come to him, ask him to write this tradition to me. He said: He then wrote it for him. When I came, Khalid ibn Ma'dan asked me for the paper and I gave it to him. When he read (the paper), he abandoned the lands he had in his possession the moment he heard this.

Abu Dawud said: This Yazid b. Khumair al-Yazani is not the disciple of Shu'bah.

The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims): "O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killers something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)----then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you). So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178)

Ibn Abbas (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) observed the morning prayer at Dhu Tawa (a valley near Mecca) and arrived (in Mecca) when four days of Dhul-Hijja had passed and he commanded his Companions that they should change their Ihram (of Hajj) to that of Umra, except those who had brought sacrificial animals with them.

Amr ibn Uqaysh had given usurious loans in pre-Islamic period; so he disliked to embrace Islam until he took them. He came on the day of Uhud and asked: Where are my cousins? They (the people) replied: At Uhud. He asked: Where is so-and-so? They said: At Uhud. He asked: Where is so-and-so? They said: At Uhud. He then put on his coat of mail and rode his horse; he then proceeded towards them. When the Muslims saw him, they said: Keep away, Amir. He said: I have become a believer. He fought until he was wounded. He was then taken to his family wounded. Sa'd ibn Mu'adh came to his sister: Ask him (whether he fought) out of partisanship, out of anger for them, or out of anger for Allah. He said: Out of anger of Allah and His Apostle. He then died and entered Paradise. He did not offer any prayer for Allah.

While the Prophet was distributing (something, `Abdullah bin Dhil Khawaisira at-Tamimi came and said, "Be just, O Allah's Apostle!" The Prophet said, "Woe to you ! Who would be just if I were not?" `Umar bin Al-Khattab said, "Allow me to cut off his neck ! " The Prophet said, " Leave him, for he has companions, and if you compare your prayers with their prayers and your fasting with theirs, you will look down upon your prayers and fasting, in comparison to theirs. Yet they will go out of the religion as an arrow darts through the game's body in which case, if the Qudhadh of the arrow is examined, nothing will be found on it, and when its Nasl is examined, nothing will be found on it; and then its Nadiyi is examined, nothing will be found on it. The arrow has been too fast to be smeared by dung and blood. The sign by which these people will be recognized will be a man whose one hand (or breast) will be like the breast of a woman (or like a moving piece of flesh). These people will appear when there will be differences among the people (Muslims)." Abu Sa`id added: I testify that I heard this from the Prophet and also testify that `Ali killed those people while I was with him. The man with the description given by the Prophet was brought to `Ali. The following Verses were revealed in connection with that very person (i.e., `Abdullah bin Dhil-Khawaisira at-Tarnimi): 'And among them are men who accuse you (O Muhammad) in the matter of (the distribution of) the alms.' (9.58)

Yahya related to me from Malik that Ibn Shihab said, "Between the Islam of Safwan and the Islam of his wife there was about one month."

Ibn Shihab said, "We have not heard about any woman doing hijra for Allah and His Messenger while her husband was a kafir abiding in the land of kufr, but that her hijra separated her and her husband unless her husband came in hijra before her period of idda had been completed."

From his father who said: "When the Messenger of Allah (sawS) sent a commander of an army, he would exhort him concerning himself to have Taqwa of Allah, and he would exhort him to be good to those who are with him among the Muslims. He would say: 'Fight in the Name of Allah, in the cause of Allah. Fight those who disbelieve in Allah, and do not steal from the spoils of war or be treacherous, nor mutilate, and do not kill a child. When you meet your enemy among the idolaters, then call them to one of the three options or choices, whichever of them they respond to then accept it from them, and refrain from them. Call them to Islam, and to relocate from their land to the land of Emigrants. Inform them that if they do that, then they will have similar to what those who emigrated have, and from them will be required similar to what is required from those who have emigrated. And if they refuse to relocate, then inform them that they will be like the Bedouins among the Muslim, and they will be treated the same as Bedouins are treated. There is no war spoils or Fay' for them, unless they fight along with the Muslims. If they refuse then seek aid from Allah against them and fight them. And if you lay siege to a fortress and they want you to grant them covenant from Allah and a covenant of His Prophet, then do not grant them the covenant of Allah nor the covenant of His Prophet. Rather grant them your own covenant and the covenant of your companions, it will be better than breaking Allah's covenant and the covenant of His Messenger. And if you lay siege to the people of a fortress and they want you to lift the siege for negotiating upon the judgement of Allah, then do not stop, but rather make them surrender to your judgement, for you do not know if you will come upon the judgement of Allah regarding them or not.' Or similar to that."

[Abu 'Eisa said:] There is something on this topic from An-Nu'man bin Muqarrin, and the Hadith of Buraidah is a Hasan Sahih Hadith

The Prophet said, "Whoever takes the money of the people with the intention of repaying it, Allah will repay it on his behalf, and whoever takes it in order to spoil it, then Allah will spoil him."

AbuSallam told that he was in the mosque of Hims. A man passed him and the people said about him that he served the Prophet (saws).

He (AbuSallam) went to him and said: Tell me any tradition which you heard from the Messenger of Allah (saws) and there were no man between him and you. He said: I heard the Messenger of Allah (saws) say: If anyone says in the morning and in the evening: "I am pleased with Allah as Lord, with Islam as religion, with Muhammad as Prophet," Allah will certainly please him.

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

I asked Sahl bin Hunaif, "Did you hear the Prophet saying anything about Al-Khawarij?" He said, "I heard him saying while pointing his hand towards Iraq. "There will appear in it (i.e, Iraq) some people who will recite the Qur'an but it will not go beyond their throats, and they will go out from (leave) Islam as an arrow darts through the game's body.' "

That Al-Miqdad bin `Amr Al-Kindi, who was an ally of Bani Zuhra and one of those who fought the battle of Badr together with Allah's Apostle told him that he said to Allah's Apostle, "Suppose I met one of the infidels and we fought, and he struck one of my hands with his sword and cut it off and then took refuge in a tree and said, "I surrender to Allah (i.e. I have become a Muslim),' could I kill him, O Allah's Apostle, after he had said this?" Allah's Apostle said, "You should not kill him." Al- Miqdad said, "O Allah's Apostle! But he had cut off one of my two hands, and then he had uttered those words?" Allah's Apostle replied, "You should not kill him, for if you kill him, he would be in your position where you had been before killing him, and you would be in his position where he had been before uttering those words."

that Malik bin Aus said, "I was in need of change for one-hundred Dinars. Talha bin 'Ubaidullah called me and we discussed the matter, and he agreed to change (my Dinars). He took the gold pieces in his hands and fidgeted with them, and then said, "Wait till my storekeeper comes from the forest." `Umar was listening to that and said, "By Allah! You should not separate from Talha till you get the money from him, for Allah's Apostle said, 'The selling of gold for gold is Riba (usury) except if the exchange is from hand to hand and equal in amount, and similarly, the selling of wheat for wheat is Riba (usury) unless it is from hand to hand and equal in amount, and the selling of barley for barley is usury unless it is from hand to hand and equal in amount, and dates for dates, is usury unless it is from hand to hand and equal in amount"

Yahya related to me from Malik that Thawr ibn Zayd ad-Dili said, "I heard that the Messenger of Allah, may Allah bless him and grant him peace, said, 'A house or land that has been divided in the Jahiliyya, it is according to the division of the Jahiliyya. A house or land which has not been divided before the coming of Islam is divided according to Islam.' "

That his father (Hazn bin Wahb) went to the Prophet and the Prophet asked (him), "What is your name?" He replied, "My name is Hazn." The Prophet said, "You are Sahl." Hazn said, "I will not change the name with which my father has named me." Ibn Al-Musaiyab added: We have had roughness (in character) ever since.

Narrated Al-Musaiyab:

on the authority of his father similarly as above (i.e., 209).

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

The Prophet (saws) said: He who separates from the community within a span takes off the noose of Islam from his neck.