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."

One night I slept at the house of my aunt Maimuna and the Prophet slept (too). He got up (for prayer) in the last hours of the night and performed a light ablution from a hanging leather skin. (`Amr, the sub-narrator described that the ablution was very light). Then he stood up for prayer and I got up too and performed the ablution in the same way and joined him on his left side. He pulled me to the right and prayed as much as Allah will. Then he lay down and slept and I heard his breath sounds till the Mu'adh-dhin came to him to inform him about the (Fajr) prayer. He left with him for the prayer and prayed without repeating the ablution. (Sufyan the sub-narrator said: We said to `Amr, "Some people say, 'The eyes of the Prophet sleep but his heart never sleeps.' " `Amr said, "'Ubai bin `Umar said, 'The dreams of the Prophets are Divine Inspirations. Then he recited, '(O my son), I have seen in dream that I was slaughtering you (offering you in sacrifice).") (37.102)

Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."

Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."

Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'"

When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " '

A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' "

‘Asim said : I said : Abu ‘Uthman! Two men testified before you. Who are they? He said : One of them is the one who is first to shoot arrow in the path of Allah or in the path of Islam, that is to say : Sa’d b. Malik. The other is the one came from al-Taif with ten and some men on foot. He then mentioned his excellence.

Abu Dawud said : When al-Nufaili mentioned this tradition, he said : I swear by Allah, this is sweater with me than honey, that is no say, his way transmission.

Abu ‘Ali said : I heard Abu Dawud say : I heard Ahmad say : The people of Kufah have no light in their traditions. I did not see them like the people of Basrah. They learnt it from Shu’bah.

That he stayed overnight in the house of Maimuna the wife of the Prophet, his aunt. He added : I lay on the bed (cushion transversally) while Allah's Apostle and his wife lay in the lengthwise direction of the cushion. Allah's Apostle slept till the middle of the night, either a bit before or a bit after it and then woke up, rubbing the traces of sleep off his face with his hands. He then, recited the last ten verses of Sura Al-`Imran, got up and went to a hanging water-skin. He then Performed the ablution from it and it was a perfect ablution, and then stood up to offer the prayer. I, too, got up and did as the Prophet had done. Then I went and stood by his side. He placed his right hand on my head and caught my right ear and twisted it. He prayed two rak`at then two rak`at and two rak`at and then two rak`at and then two rak`at and then two rak`at (separately six times), and finally one rak`a (the witr). Then he lay down again in the bed till the Mu'adh-dhin came to him where upon the Prophet got up, offered a two light rak`at prayer and went out and led the Fajr prayer.

`Abdullah bin `Abbas said that he had passed a night in the house of Maimuna the mother of the faithful believers , who was his aunt. He said, "I slept across the bed, and Allah's Apostle along with his wife slept lengthwise. Allah's Apostle slept till midnight or slightly before or after it. Then Allah's Apostle woke up, sat, and removed the traces of sleep by rubbing his hands over his face. Then he recited the last ten verses of Surat-Al `Imran (2). Then he went towards a hanging leather watercontainer and performed a perfect ablution and then stood up for prayer." `Abdullah bin `Abbas added, "I got up and did the same as Allah's Apostle had done and then went and stood by his side. Allah's Apostle then put his right hand over my head and caught my right ear and twisted it. He offered two rak`at, then two rak`at, then two rak`at, then two rak`at, then two rak`at, then two rak`at and then offered one rak`a witr. Then he lay down till the Mu'adh-dhin came and then he prayed two light rak`at and went out and offered the early morning (Fajr) prayer."

The Prophet (saws) sent AbuJahm ibn Hudhayfah as a collector of zakat. A man quarrelled with him about his sadaqah (i.e. zakat), and AbuJahm struck him and wounded his head. His people came to the Prophet (saws) and said: Revenge, Messenger of Allah!

The Prophet (saws) said: You may have so much and so much. But they did not agree. He again said: You may have so much and so much. But they did not agree. He again said: You may have so much and so much. So they agreed.

The Prophet (saws) said: I am going to address the people in the afternoon and tell them about your consent.

They said: Yes. Addressing (the people), the Messenger of Allah (saws) said: These people of faith came to me asking for revenge. I presented them with so much and so much and they agreed. Do you agree?

They said: No. The immigrants (muhajirun) intended (to take revenge) on them. But the Messenger of Allah (saws) commanded them to refrain and they refrained.

He then called them and increased (the amount), and asked: Do you agree? They replied: Yes. He said: I am going to address the people and tell them about your consent. They said: Yes. The Prophet (saws) addressed and said: Do you agree? They said: Yes.

We went out with the Prophet to Khaibar. A man among the people said, "O 'Amir! Will you please recite to us some of your poetic verses?" So 'Amir got down and started chanting among them, saying, "By Allah! Had it not been for Allah, we would not have been guided." 'Amir also said other poetic verses which I do not remember. Allah's Apostle said, "Who is this (camel) driver?" The people said, "He is 'Amir bin Al-Akwa`," He said, "May Allah bestow His Mercy on him." A man from the People said, "O Allah's Apostle! Would that you let us enjoy his company longer." When the people (Muslims) lined up, the battle started, and 'Amir was struck with his own sword (by chance) by himself and died. In the evening, the people made a large number of fires (for cooking meals). Allah's Apostle said, "What is this fire? What are you making the fire for?" They said, "For cooking the meat of donkeys." He said, "Throw away what is in the pots and break the pots!" A man said, "O Allah's Prophet! May we throw away what is in them and wash them?" He said, "Never mind, you may do so." (See Hadith No. 509, Vol. 5).

Salamh (bin Al Akwa’) said “I went on an expedition with the Apostle of Allaah(saws) against Hawazin and while we were having a meal in the forenoon and most of our people were on foot and some of us were weak, a man came on a red Camel. He took out a rope from the lion of the Camel and tied his Camel with it and began to take meal with the people. When he saw the weak condition of their people and lack of mounts he went out in a hurry to his Camel, untied it made it kneel down and sat on it and went off galloping it. A man of the tribe of Aslam followed him on a brown she Camel which was best of those of the people. I hastened out and I found him while the head of the she Camel was near the paddock of the she Camel. I then went ahead till I reached near the paddock of the Camel. I then went ahead till I caught the Camel’s nose string. I made it kneel. When it placed its knee on the ground, I drew my sword and struck the man on his head and it fell down. I then brought the Camel leading it with (its equipment) on it. The Apostle of Allaah(saws) came forward facing me and asked “Who killed the man? They (the people) said “Salamah bin Akwa’. He said “he gets all his spoil.”

Harun said “This is Hashim’s version.

When, a boy from the Ansar and I were shooting (arrows) towards two of our targets, the sun was sighted by the people at the height of two or three lances above the horizon. It became black like the black herb called tannumah.

One of us said to his companion: Let us go to the mosque; by Allah, this incident of the sun will surely bring something new in the community of the Messenger of Allah (saws).

As we reached it, we suddenly saw that he (the Prophet) had already come out (of his house). He stepped forward for a long time as much as he could do so in the prayer. But we did not hear his voice. He then performed a bowing and prolonged it as much as he could do in the prayer. But we did not hear his voice. He then prostrated himself with us and prolonged it which he never did in the prayer before. But we did not hear his voice. He then did similarly in the second rak'ah. The sun became bright when he sat after the second rak'ah. Then he uttered the salutation. He then stood up, praised Allah, and extolled Him, and testified that there was no god but Allah and testified that he was His servant and apostle. Ahmad ibn Yunus then narrated the address of the Prophet (saws).

My grandfather, Rafi` bin Khadij said, "We were in the valley of Dhul-Hulaifa of Tuhama in the company of the Prophet and had some camels and sheep (of the booty). The people hurried (in slaughtering the animals) and put their meat in the pots and started cooking. Allah's Apostle came and ordered them to upset the pots, and distributed the booty considering one camel as equal to ten sheep. One of the camels fled and the people had only a few horses, so they got worried. (The camel was chased and) a man slopped the camel by throwing an arrow at it. Allah's Apostle said, 'Some of these animals are untamed like wild animals, so if anyone of them went out of your control, then you should treat it as you have done now.' " My grandfather said, "O Allah's Apostle! We fear that we may meet our enemy tomorrow and we have no knives, could we slaughter the animals with reeds?" The Prophet said, "Yes, or you can use what would make blood flow (slaughter) and you can eat what is slaughtered and the Name of Allah is mentioned at the time of slaughtering. But don't use teeth or fingernails (in slaughtering). I will tell you why, as for teeth, they are bones, and fingernails are used by Ethiopians for slaughtering. (See Hadith 668)

My grandfather, Rafi` said, "We were in the company of the Prophet at DhulHulaifa, and the people suffered from hunger. We got some camels and sheep (as booty) and the Prophet was still behind the people. They hurried and put the cooking pots on the fire. (When he came) he ordered that the cooking pots should be upset and then he distributed the booty (amongst the people) regarding ten sheep as equal to one camel then a camel fled and the people chased it till they got tired, as they had a few horses (for chasing it). So a man threw an arrow at it and caused it to stop (with Allah's Permission). On that the Prophet said, 'Some of these animals behave like wild beasts, so, if any animal flee from you, deal with it in the same way." My grandfather asked (the Prophet ), "We hope (or are afraid) that we may meet the enemy tomorrow and we have no knives. Can we slaughter our animals with canes?" Allah's Apostle replied, "If the instrument used for killing causes the animal to bleed profusely and if Allah's Name is mentioned on killing it, then eat its meat (i.e. it is lawful) but won't use a tooth or a nail and I am telling you the reason: A tooth is a bone (and slaughtering with a bone is forbidden ), and a nail is the slaughtering instrument of the Ethiopians."

Ibn `Abbas said, "The Prophet slept till he snored and then prayed (or probably lay till his breath sounds were heard and then got up and prayed)." Ibn `Abbas added: "I stayed overnight in the house of my aunt, Maimuna, the Prophet slept for a part of the night, (See Fath-al-Bari page 249, Vol. 1), and late in the night, he got up and performed ablution from a hanging water skin, a light (perfect) ablution and stood up for the prayer. I, too, performed a similar ablution, then I went and stood on his left. He drew me to his right and prayed as much as Allah wished, and again lay and slept till his breath sounds were heard. Later on the Mu'adh-dhin (call maker for the prayer) came to him and informed him that it was time for Prayer. The Prophet went with him for the prayer without performing a new ablution." (Sufyan said to `Amr that some people said, "The eyes of Allah's Apostle sleep but his heart does not sleep." `Amr replied, "I heard `Ubaid bin `Umar saying that the dreams of Prophets were Divine Inspiration, and then he recited the verse: 'I (Abraham) see in a dream, (O my son) that I offer you in sacrifice (to Allah)." (37.102) (See Hadith No. 183)

We witnessed along with Allah's Apostle the Khaibar (campaign). Allah's Apostle told his companions about a man who claimed to be a Muslim, "This man is from the people of the Fire." When the battle started, the man fought very bravely and received a great number of wounds and got crippled. On that, a man from among the companions of the Prophet came and said, "O Allah's Apostle! Do you know what the man you described as of the people of the Fire has done? He has fought very bravely for Allah's Cause and he has received many wounds." The Prophet said, "But he is indeed one of the people of the Fire." Some of the Muslims were about to have some doubt about that statement. So while the man was in that state, the pain caused by the wounds troubled him so much that he put his hand into his quiver and took out an arrow and committed suicide with it. Off went some men from among the Muslims to Allah's Apostle and said, "O Allah's Apostle! Allah has made your statement true. So-and-so has committed suicide." Allah's Apostle said, "O Bilal! Get up and announce in public: None will enter Paradise but a believer, and Allah may support this religion (Islam) with a wicked man."

Yahya related to me from Malik that Yahya ibn Said al-Ansari said that Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from Isa ibn Talha ibn Ubaydullah, fromUmayr ibn Salama ad-Damri, from al-Bahzi, that the Messenger of Allah, may Allah bless him and grant him peace, set out once for Makka while in ihram. When they had reached ar-Rawha, they unexpectedly came upon a wounded wild ass. Someone mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and hesaid, "Leave it. The man to whom it belongs is about to come." Then al-Bahzi, who was the man, came to the Prophet, may Allah bless him and grant him peace, and said, "Messenger of Allah, do whatever you want with this ass,' and the Messenger of Allah, may Allah bless him and grant him peace, told Abu Bakr to divide it up among the company. Then they went on until they came to the well of al-Uthaba, which was between ar-Ruwaytha and al-Arj (between Makka and Madina), where they unexpectedly came upon a gazelle with an arrow in it, Iying on its side in some shade. He claimed that the Messenger of Allah, may Allah bless him and grant him peace, told someone to stand by it to make sure no one disturbed it until everyone had passed by.

I went out of Medina towards Al-Ghaba. When I reached the mountain path of Al-Ghaba, a slave of `Abdur-Rahman bin `Auf met me. I said to him, "Woe to you! What brought you here?" He replied, "The she-camels of the Prophet have been taken away." I said, "Who took them?" He said, "Ghatafan and Fazara." So, I sent three cries, "O Sabaha-h ! O Sabahah !" so loudly that made the people in between its (i.e. Medina's) two mountains hear me. Then I rushed till I met them after they had taken the camels away. I started throwing arrows at them saying, "I am the son of Al-Akwa`"; and today perish the mean people!" So, I saved the she-camels from them before they (i.e. the robbers) could drink water. When I returned driving the camels, the Prophet met me, I said, "O Allah's Apostle Those people are thirsty and I have prevented them from drinking water, so send some people to chase them." The Prophet said, "O son of Al-Akwa`, you have gained power (over your enemy), so forgive (them). (Besides) those people are now being entertained by their folk."

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

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

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

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

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

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

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, travelled by night on the way back from Khaybar.Towards the end of the night he stopped for a rest and told Bilal to stay awake to keep watch for the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, and his companions slept. Bilal stayed on guard as long as was decreed for him and then he leant against his riding camel facing the direction of the dawn and sleep overcame him and neither he nor the Messenger of Allah nor any of the party woke up until the sun's rays had struck them. The Messenger of Allah, may Allah bless him and grant him peace, was alarmed. Bilal excused himself, saying, "Messenger of Allah! The One who took your self was the One who took myself. "The Messenger of Allah, may Allah bless him and grant him peace, ordered the party to move on and so they roused thei r mounts and rode on a short distance. The Messenger of Allah, may Allah bless him and grant him peace, ordered Bilal to give the iqama and then led them in the subh prayer. When he had finished he said, "Anyone who forgets a prayer should pray it when he remembers. Allah theBlessed and Exalted says in His book, 'Establish the prayer to remember Me.'"

This hadith has been narrated by another chain of transmitters like Abu Bakr b. Abi Shaiba, 'Abda b. Sulaiman Ibn Abi 'Umar Sufyan, 'Ubaidullah b. Mu'adh, Shu'ba; all of them heard it from Salih b. Salih.

Allah's Apostle went to establish peace among Bani `Amr bin `Auf. In the meantime the time of prayer was due and the Mu'adh-dhin went to Abu Bakr and said, "Will you lead the prayer, so that I may pronounce the Iqama?" Abu Bakr replied in the affirmative and led the prayer. Allah's Apostle came while the people were still praying and he entered the rows of the praying people till he stood in the (first row). The people clapped their hands. Abu Bakr never glanced sideways in his prayer but when the people continued clapping, Abu Bakr looked and saw Allah's Apostle. Allah's Apostle beckoned him to stay at his place. Abu Bakr raised his hands and thanked Allah for that order of Allah's Apostle and then he retreated till he reached the first row. Allah's Apostle went forward and led the prayer. When Allah's Apostle finished the prayer, he said, "O Abu Bakr! What prevented you from staying when I ordered you to do so?" Abu Bakr replied, "How can Ibn Abi Quhafa (Abu Bakr) dare to lead the prayer in the presence of Allah's Apostle?" Then Allah's Apostle said, "Why did you clap so much? If something happens to anyone during his prayer he should say Subhan Allah. If he says so he will be attended to, for clapping is for women."

When `Ali was in Yemen, he sent some gold in its ore to the Prophet. The Prophet distributed it among Al-Aqra' bin H`Abis Al-Hanzali who belonged to Bani Mujashi, 'Uyaina bin Badr Al-Fazari, 'Alqama bin 'Ulatha Al-`Amiri, who belonged to the Bani Kilab tribe and Zaid AI-Khail at-Ta'i who belonged to Bani Nabhan. So the Quraish and the Ansar became angry and said, "He gives to the chiefs of Najd and leaves us!" The Prophet said, "I just wanted to attract and unite their hearts (make them firm in Islam)." Then there came a man with sunken eyes, bulging forehead, thick beard, fat raised cheeks, and clean-shaven head, and said, "O Muhammad! Be afraid of Allah! " The Prophet said, "Who would obey Allah if I disobeyed Him? (Allah). He trusts me over the people of the earth, but you do not trust me?" A man from the people (present then), who, I think, was Khalid bin Al- Walid, asked for permission to kill him, but the Prophet prevented him. When the man went away, the Prophet said, "Out of the offspring of this man, there will be people who will recite the Qur'an but it will not go beyond their throats, and they will go out of Islam as an arrow goes out through the game, and they will kill the Muslims and leave the idolators. Should I live till they appear, I would kill them as the Killing of the nation of 'Ad."

Once I went (from Medina) towards (Al-Ghaba) before the first Adhan of the Fajr Prayer. The shecamels of Allah's Apostle used to graze at a place called Dhi-Qarad. A slave of `Abdur-Rahman bin `Auf met me (on the way) and said, "The she-camels of Allah's Apostle had been taken away by force." I asked, "Who had taken them?" He replied "(The people of) Ghatafan." I made three loud cries (to the people of Medina) saying, "O Sabahah!" I made the people between the two mountains of Medina hear me. Then I rushed onward and caught up with the robbers while they were watering the camels. I started throwing arrows at them as I was a good archer and I was saying, "I am the son of Al-Akwa`, and today will perish the wicked people." I kept on saying like that till I restored the shecamels (of the Prophet), I also snatched thirty Burda (i.e. garments) from them. Then the Prophet and the other people came there, and I said, "O Allah's Prophet! I have stopped the people (of Ghatafan) from taking water and they are thirsty now. So send (some people) after them now." On that the Prophet said, "O the son of Al-Akwa`! You have over-powered them, so forgive them." Then we all came back and Allah's Apostle seated me behind him on his she-camel till we entered Medina.

Sahl bin Abi Hathma and some great men of his tribe said, `Abdullah bin 'Sahl and Muhaiyisa went out to Khaibar as they were struck with poverty and difficult living conditions. Then Muhaiyisa was informed that `Abdullah had been killed and thrown in a pit or a spring. Muhaiyisa went to the Jews and said, "By Allah, you have killed my companion." The Jews said, "By Allah, we have not killed him." Muhaiyisa then came back to his people and told them the story. He, his elder brother Huwaiyisa and `Abdur-Rahman bin Sahl came (to the Prophet) and he who had been at Khaibar, proceeded to speak, but the Prophet said to Muhaiyisa, "The eldest! The eldest!" meaning, "Let the eldest of you speak." So Huwaiyisa spoke first and then Muhaiyisa. Allah's Apostle said, "The Jews should either pay the blood money of your (deceased) companion or be ready for war." After that Allah's Apostle wrote a letter to the Jews in that respect, and they wrote that they had not killed him. Then Allah's Apostle said to Huwaiyisa, Muhaiyisa and `Abdur-Rahman, "Can you take an oath by which you will be entitled to take the blood money?" They said, "No." He said (to them), "Shall we ask the Jews to take an oath before you?" They replied, "But the Jews are not Muslims." So Allah's Apostle gave them one-hundred she-camels as blood money from himself. Sahl added: When those she-camels were made to enter the house, one of them kicked me with its leg.

The Messenger of Allah (saws) encamped at Ulat al-Jaysh and Aisha was in his company. Her necklace of onyx of Zifar was broken (and fell somewhere). The people were detained to make a search for that necklace until the dawn broke. There was no water with the people. Therefore AbuBakr became angry with her and said: You detained the people and they have no water with them.

Thereupon Allah, the Exalted, sent down revelation about it to His Apostle (saws) granting concession to purify themselves with pure earth. Then the Muslims stood up with the Messenger of Allah (saws) and struck the ground with their hands and then they raised their hands, and did not take any earth (in their hands). Then they wiped with them their faces and hands up to the shoulders, and from their palms up to the armpits.

Ibn Yahya added in his version: Ibn Shihab said in his tradition: The people do not take this (tradition) into account.

Abu Dawud said: Ibn Ishaq also reported it in a similar way. In this (version) he said on the authority of Ibn 'Abbas. He mentioned the words "two strikes" (i.e. striking the earth twice) as mentioned by Yunus. And Ma'mar also narrated on the authority of al-Zuhri "two strikes". And Malik said: From al-Zuhri from 'Ubaid Allah b. 'Abd Allah from his father on the authority of 'Ammar. Abu Uwais also reported it in a similar way on the authority of al-Zuhri. But Ibn 'Uyainah doubted it, he sometimes said: from his father, and sometimes he said: from Ibn 'Abbas. Ibn 'Uyainah was confused in it and in his hearing from al-Zuhri. No one has mentioned "two strikes" in this tradition except those whose names I have mentioned.

While I was standing in the row on the day (of the battle) of Badr, I looked to my right and my left and saw two young Ansari boys, and I wished I had been stronger than they. One of them called my attention saying, "O Uncle! Do you know Abu Jahl?" I said, "Yes, What do you want from him, O my nephew?" He said, "I have been informed that he abuses Allah's Apostle. By Him in Whose Hands my life is, if I should see him, then my body will not leave his body till either of us meet his fate." I was astonished at that talk. Then the other boy called my attention saying the same as the other had said. After a while I saw Abu Jahl walking amongst the people. I said (to the boys), "Look! This is the man you asked me about." So, both of them attacked him with their swords and struck him to death and returned to Allah'S Apostle to inform him of that. Allah's Apostle asked, "Which of you has killed him?" Each of them said, "I Have killed him." Allah's Apostle asked, "Have you cleaned your swords?" They said, "No. " He then looked at their swords and said, "No doubt, you both have killed him and the spoils of the deceased will be given to Mu`adh bin `Amr bin Al-Jamuh." The two boys were Mu`adh bin 'Afra and Mu`adh bin `Amr bin Al-Jamuh.

Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money."

Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury."

He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that."

Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him."

Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg.

Muhayyasah b. Mas'ud and 'Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. 'Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). 'Abd al-Rahman b. Sahl and Huwayyasah and Muhayyasah, the sons of his uncle (Mas'ud) came to the Prophet (saws). 'Abd al-Rahman, who was the youngest, spoke about his brother, but the Messenger of Allah (saws) said to him: (Respect) the elder, (respect) the elder or he said: Let the eldest begin. They then spoke about their friend and the Messenger of Allah (saws) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths ? He said: The Jews exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah! they are a people who are infidels. So the Messenger of Allah (saws) paid them bloodwit himself. Sahl said: Once I entered the resting place of their camels, and the she-camel struck me with her lef. Hammad said this or (something) similar to it.

Abu Dawud said: Another version transmitted by Yahya b. Sa'id has: Would you swear fifty oaths and make you claim regarding your friend or your slain man ? Bishr, the transmitter, did mention blood. 'Abdah transmitted it from Yahya as transmitted by Hammad. Ibn 'Uyainah has also transmitted it from Yahya, and began with his words: The Jew will exonerate themselves by fifty oaths which they will swear. He did not mention the claim.

Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah.

The Jew could not help shouting at the top of his voice, "O you 'Arabs! Here is your great man whom you have been waiting for!" So all the Muslims rushed to their arms and received Allah's Apostle on the summit of Harra. The Prophet turned with them to the right and alighted at the quarters of Bani 'Amr bin 'Auf, and this was on Monday in the month of Rabi-ul-Awal. Abu Bakr stood up, receiving the people while Allah's Apostle sat down and kept silent. Some of the Ansar who came and had not seen Allah's Apostle before, began greeting Abu Bakr, but when the sunshine fell on Allah's Apostle and Abu Bakr came forward and shaded him with his sheet only then the people came to know Allah's Apostle. Allah's Apostle stayed with Bani 'Amr bin 'Auf for ten nights and established the mosque (mosque of Quba) which was founded on piety. Allah's Apostle prayed in it and then mounted his she-camel and proceeded on, accompanied by the people till his she-camel knelt down at (the place of) the Mosque of Allah's Apostle at Medina. Some Muslims used to pray there in those days, and that place was a yard for drying dates belonging to Suhail and Sahl, the orphan boys who were under the guardianship of 'Asad bin Zurara. When his she-camel knelt down, Allah's Apostle said, "This place, Allah willing, will be our abiding place." Allah's Apostle then called the two boys and told them to suggest a price for that yard so that he might take it as a mosque. The two boys said, "No, but we will give it as a gift, O Allah's Apostle!" Allah's Apostle then built a mosque there. The Prophet himself started carrying unburnt bricks for its building and while doing so, he was saying "This load is better than the load of Khaibar, for it is more pious in the Sight of Allah and purer and better rewardable." He was also saying, "O Allah! The actual reward is the reward in the Hereafter, so bestow Your Mercy on the Ansar and the Emigrants." Thus the Prophet recited (by way of proverb) the poem of some Muslim poet whose name is unknown to me.

(Ibn Shibab said, "In the Hadiths it does not occur that Allah's Apostle

recited a complete poetic verse other than this one.")