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."

Yahya related to me from Malik from Hisham ibn Urwa that Abdullah ibn az-Zubayr used to say, "Know that the whole of Arafa is a standing-place except for the middle of Urana, and that the wholeof Muzdalifa is a standing-place except for the middle of Muhassir."

Malik said, "Allah, the Blessed and Exalted says, 'There is to be no rafath, no fusuq and no jidal during the hajj.' " (Sura 2 ayat 197).

He added, "Rafath is sexual relations with women, and Allah knows best. Allah, the Blessed and Exalted says, 'Rafath with your women is permitted to you on the night of the fast.' (Sura 2 ayat 197). Fusuq are sacrifices made to idols, and Allah knows best. Allah, the Blessed and Exalted, says, 'Or a fisq offered up to other than Allah.' (Sura 2 ayat 197) Jidal (arguing) during the hajj refers to when the Quraysh used to stand near the mashar al-haram at Quzah in Muzdalifa, while the Arabs and others would stand at Arafa, and they would argue about who was the more correct. Allah, the Blessed and Exalted, says, 'And we appointed a method of sacrifice for every nation, which they followed, so let them not dispute with you about the matter, and call to your Lord. Surely you are on a straight guidance.' (Sura 22 ayat 67) This is what jidal refers to in our opinion, and Allah knows best. This I have heard from the people of knowledge."

The Prophet invoked evil upon those (people) who killed his companions at Bir Mauna for 30 days (in the morning prayer). He invoked evil upon (tribes of) Ril, Lihyan and Usaiya who disobeyed Allah and His Apostle. Allah revealed a Qur'anic Verse to His Prophet regarding those who had been killed, i.e. the Muslims killed at Bir Ma'una, and we recited the Verse till later it was cancelled. (The Verse was:) 'Inform our people that we have met our Lord, and He is pleased with us, and we are pleased with Him."

Yahya related to me from Malik from Yahya ibn Said that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him, "Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman."

Malik said about an adult and a child when they murder a man together, "The adult is killed and the child pays half the full blood-money."

Malik said, "It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value."

No woman of Banu Qurayzah was killed except one. She was with me, talking and laughing on her back and belly (extremely), while the Messenger of Allah (saws) was killing her people with the swords. Suddenly a man called her name: Where is so-and-so? She said: I I asked: What is the matter with you? She said: I did a new act. She said: The man took her and beheaded her. She said: I will not forget that she was laughing extremely although she knew that she would be killed.

A man was killed in the lifetime of the Prophet (saws). The matter was brought to the Prophet (saws). He entrusted him to the legal guardian of the slain. The slayer said: Messenger of Allah, I swear by Allah, I did not intend to kill him. The Messenger of Allah (saws) said to the legal guardian: Now if he is true and you kill him, you will enter Hell-fire. So he let him go. His hands were tied with a strap. He came out pulling his strap. Hence he was called Dhu an-Nis'ah (possessor of strap).

190 Yahya related to me from Malik from Jafar ibn Muhammad from his father from Ali ibn Abi Talib that the Messenger of Allah, may Allah bless him and grant him peace, killed some of his sacrificial animals himself, and someone else killed the rest.

The Prophet (saws) said: If anyone is killed blindly or, when people are throwing stones, by a stone or a whip, his blood-wit is the blood-wit for an accidental murder. But if anyone is killed intentionally, retaliation is due. If anyone tries to prevent it, the curse of Allah, of angels, and of all the people will rest on him.

The Messenger of Allah (saws) as saying: Do not go out much when there are few people about , for Allah the Exalted scatters abroad of His beasts in that hour (according to Ibn Marwan's version).

Ibn Marwan's version has: For Allah has creatures. He then mentioned the barking of dogs and braying of asses in a similar manner. He added in his version: Ibn al-Had said: Shurahbil ibn al-Hajib told me on the authority of Jabir ibn Abdullah from the Messenger of Allah (saws) similar to it.

The Prophet sent Khalid bin Al-Walid to the tribe of Jadhima and Khalid invited them to Islam but they could not express themselves by saying, "Aslamna (i.e. we have embraced Islam)," but they started saying "Saba'na! Saba'na (i.e. we have come out of one religion to another)." Khalid kept on killing (some of) them and taking (some of) them as captives and gave every one of us his Captive. When there came the day then Khalid ordered that each man (i.e. Muslim soldier) should kill his captive, I said, "By Allah, I will not kill my captive, and none of my companions will kill his captive." When we reached the Prophet, we mentioned to him the whole story. On that, the Prophet raised both his hands and said twice, "O Allah! I am free from what Khalid has done."

A man was injured during the lifetime of the Messenger of Allah (saws); he then had a sexual dream, and he was advised to wash and he washed himself. Consequently he died. When this was reported to the Messenger of Allah (saws) he said: They killed him; may Allah kill them! Is not inquiry the cure of ignorance?

That the Prophet ordered her to kill Salamanders.

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

It is narrated on the authority of 'Uthman that the Messenger of Allah (may peace be upon him) said. He who died knowing (fully well) that there is no god but Allah entered Paradise.

It is narrated on the authority of Jarir that he observed I gave pledge of allegiance to the Messenger of Allah (may peace and blessings be upon him) on the observance of prayer, payment of Zakat, and sincerity and well-wishing for every Muslim.

Abdullah b. Mu'adh narrated from the Apostle (may peace and blessings be upon him) a hadith like this on the authority on Ibn Umar.

It is narrated on the authority of Jabir that he heard the Apostle (may peace and blessings be upon him) saying. Verily between man and between polytheism and unbelief is the negligence of prayer.