Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a jew or christian was killed, his blood-money was half the blood-money of a free muslim.

Malik said, "What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it."

On his father's authority said that his grandfather reported the Prophet (saws) said: A believer will not be killed for an infidel. If anyone kills a man deliberately, he is to be handed over to the relatives of the one who has been killed. If they wish, they may kill, but if they wish, they may accept blood-wit

The Messenger of Allah (saws) said: Muslims are equal in respect of blood. The lowest of them is entitled to give protection on behalf of them, and the one residing far away may give protection on behalf of them. They are like one hand over against all those who are outside the community. Those who have quick mounts should return to those who have slow mounts, and those who got out along with a detachment (should return) to those who are stationed. A believer shall not be killed for an unbeliever, nor a confederate within the term of confederation with him.

Ibn Ishaq did not mention retaliation and equality in respect of blood.

I and Ashtar went to Ali and said to him: Did the Messenger of Allah (saws) give you any instruction about anything for which he did not give any instruction to the people in general?

He said: No, except what is contained in this document of mine. Musaddad said: He then took out a document. Ahmad said: A document from the sheath of his sword.

It contained: The lives of all Muslims are equal; they are one hand against others; the lowliest of them can guarantee their protection. Beware, a Muslim must not be killed for an infidel, nor must one who has been given a covenant be killed while his covenant holds. If anyone introduces an innovation, he will be responsible for it. If anyone introduces an innovation or gives shelter to a man who introduces an innovation (in religion), he is cursed by Allah, by His angels, and by all the people.

Musaddad said: Ibn AbuUrubah's version has: He took out a document.

Abu Juhaifa said, "I asked `Ali, 'Have you got any book (which has been revealed to the Prophet apart from the Qur'an)?' `Ali replied, 'No, except Allah's Book or the power of understanding which has been bestowed (by Allah) upon a Muslim or what is (written) in this sheet of paper (with me).' Abu Juhaifa said, "I asked, 'What is (written) in this sheet of paper?' `Ali replied, it deals with The Diyya (compensation (blood money) paid by the killer to the relatives of the victim), the ransom for the releasing of the captives from the hands of the enemies, and the law that no Muslim should be killed in Qisas (equality in punishment) for the killing of (a disbeliever).

I heard Abu Juhaifa saying, "I asked `Ali 'Have you got any Divine literature apart from the Qur'an?' (Once he said...apart from what the people have?) `Ali replied, 'By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man with and we have what is written in this paper.' I asked, 'What is written in this paper?' He replied, 'Al-`Aql (the regulation of Diya), about the ransom of captives, and the Judgment that a Muslim should not be killed in Qisas (equality in punishment) for killing a disbeliever." (See Hadith No. 283,Vol. 4)

I asked `Ali, "Do you have the knowledge of any Divine Inspiration besides what is in Allah's Book?" `Ali replied, "No, by Him Who splits the grain of corn and creates the soul. I don't think we have such knowledge, but we have the ability of understanding which Allah may endow a person with, so that he may understand the Qur'an, and we have what is written in this paper as well." I asked, "What is written in this paper?" He replied, "(The regulations of) blood-money, the freeing of captives, and the judgment that no Muslim should be killed for killing an infidel."

The Messenger of Allah (saws) Said: The blood of a Muslim man who testifies that there is no god but Allah and that Muhammad is Allah's Apostle should not lawfully be shed except only for one of three reasons: a man who committed fornication after marriage, in which case he should be stoned; one who goes forth to fight with Allah and His Apostle, in which case he should be killed or crucified or exiled from the land; or one who commits murder for which he is killed.

The verse "If a man kills a believer intentionally, his recompense is Hell to abide therein for ever" was revealed six months after the verse "And those who invoke not with Allah any other god, nor slay such life as Allah has made sacred, except for just cause in Surat al-Furqan.

I asked `Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" `Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever).

Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons, eagles, and hawks and their like, understood as trained dogs understood, there was no harm in eating what they had killed in the course of hunting, if the name of Allah had been mentioned when they were sent out.

Malik said, "The best of what I have heard about retrieving game from the falcon's talons or from the dog's fangs and then waiting until it dies, is that it is not halal to eat it."

Malik said, "The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the fangs of the dog. If the hunter leaves it until the falcon or dog has killed it, it is not halal to eat it either". He continued, "The same thing applies to any game hit by a hunter and caught while still alive, which he neglects to slaughter before it dies."

Malik said, "It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to magians hunts or kills, if it is sent out by a muslim and the animal is trained. There is no harm in it even if the muslim does not actually slaughter it.

It is the same as a muslim using a magian's knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shot and the animal he slaughters are halal. There is no harm in eating them. If a magian sends out a muslim's hunting dog for game, and it catches it, the game is not to be eaten unless it is slaughtered by a muslim. That is like a magian using a muslim's bow and arrow to hunt game with, or like his using a muslim's knife to slaughter with. It is not halal to eat anything killed like that.

Ibn Abza said to me, "Ask Ibn `Abbas regarding the Statement of Allah: 'And whoever murders a believer intentionally, his recompense is Hell.' (4.69) And also His Statement: '...nor kill such life as Allah has forbidden, except for a just cause .....except those who repent, believe, and do good deeds.' " (25.68-70) So I asked Ibn `Abbas and he said, "When this (25.68-69) was revealed, the people of Mecca said, "We have invoked other gods with Allah, and we have murdered such lives which Allah has made sacred, and we have committed illegal sexual intercourse. So Allah revealed: 'Except those who repent, believe, and do good deeds and Allah is Oft-Forgiving, Most Merciful.' (25.70)

[He said:] There are narrations on this topic from Abu Sa'eed and 'Atiyyah Al-Qurazi.

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

The Prophet sent (an army unit under the command of) Khalid bin Al-Walid to fight against the tribe of Bani Jadhima and those people could not express themselves by saying, "Aslamna," but they said, "Saba'na! Saba'na! " Khalid kept on killing some of them and taking some others as captives, and he gave a captive to everyone of us and ordered everyone of us to kill his captive. I said, "By Allah, I shall not kill my captive and none of my companions shall kill his captive!" Then we mentioned that to the Prophet and he said, "O Allah! I am free from what Khalid bin Al-Walid has done," and repeated it twice.

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."

Allah's Apostle ascended the pulpit and said, "Nothing worries me as to what will happen to you after me, except the temptation of worldly blessings which will be conferred on you." Then he mentioned the worldly pleasures. He started with the one (i.e. the blessings) and took up the other (i.e. the pleasures). A man got up saying, "O Allah's Apostle! Can the good bring about evil?" The Prophet remained silent and we thought that he was being inspired divinely, so all the people kept silent with awe. Then the Prophet wiped the sweat off his face and asked, "Where is the present questioner?" "Do you think wealth is good?" he repeated thrice, adding, "No doubt, good produces nothing but good. Indeed it is like what grows on the banks of a stream which either kills or nearly kills the grazing animals because of gluttony except the vegetation-eating animal which eats till both its flanks are full (i.e. till it gets satisfied) and then stands in the sun and defecates and urinates and again starts grazing. This worldly property is sweet vegetation. How excellent the wealth of the Muslim is, if it is collected through legal means and is spent in Allah's Cause and on orphans, poor people and travelers. But he who does not take it legally is like an eater who is never satisfied and his wealth will be a witness against him on the Day of Resurrection."

The Prophet forbade the throwing of stones (with the thumb and the index or middle finger), and said "It neither hunts a game nor kills (or hurts) an enemy, but it gouges out an eye or breaks a tooth."

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

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

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one ...

The Prophet (saws) said: There is no prophet between me and him, that is, Jesus (saws). He will descent (to the earth). When you see him, recognise him: a man of medium height, reddish fair, wearing two light yellow garments, looking as if drops were falling down from his head though it will not be wet. He will fight the people for the cause of Islam. He will break the cross, kill swine, and abolish jizyah. Allah will perish all religions except Islam. He will destroy the Antichrist and will live on the earth for forty years and then he will die. The Muslims will pray over him.

Allah's Apostle said, "The Hour will not be established until the son of Mary (i.e. Jesus) descends amongst you as a just ruler, he will break the cross, kill the pigs, and abolish the Jizya tax. Money will be in abundance so that nobody will accept it (as charitable gifts).

Once the Prophet sat on a pulpit and we sat around him. Then he said, "The things I am afraid of most for your sake (concerning what will befall you after me) is the pleasures and splendors of the world and its beauties which will be disclosed to you." Somebody said, "O Allah's Apostle! Can the good bring forth evil?" The Prophet remained silent for a while. It was said to that person, "What is wrong with you? You are talking to the Prophet (p.b.u.h) while he is not talking to you." Then we noticed that he was being inspired divinely. Then the Prophet wiped off his sweat and said, "Where is the questioner?" It seemed as if the Prophet liked his question. Then he said, "Good never brings forth evil. Indeed it is like what grows on the banks of a water-stream which either kill or make the animals sick, except if an animal eats its fill the Khadira (a kind of vegetable) and then faces the sun, and then defecates and urinates and grazes again. No doubt this wealth is sweet and green. Blessed is the wealth of a Muslim from which he gives to the poor, the orphans and to needy travelers. (Or the Prophet said something similar to it) No doubt, whoever takes it illegally will be like the one who eats but is never satisfied, and his wealth will be a witness against him on the Day of Resurrection."

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not ...

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath."

Malik said, "The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no exception."

Yahya said, "Malik said that a man who said that he had disbelieved or associated something with Allah and then he broke his oath, had no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not return to it - for what he did was evil."

`Abdur-Rahman bin Abza ordered me to ask Ibn `Abbas regarding the two Verses (the first of which was ): "And whosoever murders a believer intentionally." (4.93) So I asked him, and he said, "Nothing has abrogated this Verse." About (the other Verse): 'And those who invoke not with Allah any other god.' he said, "It was revealed concerning the pagans."

Allah's Apostle said, "By Him in Whose Hands my soul is, son of Mary (Jesus) will shortly descend amongst you people (Muslims) as a just ruler and will break the Cross and kill the pig and abolish the Jizya (a tax taken from the non-Muslims, who are in the protection, of the Muslim government). Then there will be abundance of money and nobody will accept charitable gifts.

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 ...