The Prophet (saws) said: Then you, Khuza'ah, have killed this man of Hudhayl, but I will pay his blood-wit. After these words of mine if a man of anyone is killed, his people will have a choice to accept blood-wit or to kill him.

Abu Dawud said: Write (you people), for me, that is, the address of the Prophet (saws).

When it was the day of (the battle of) Hunain, I saw a Muslim man fighting with one of the pagans and another pagan was hiding himself behind the Muslim in order to kill him. So I hurried towards the pagan who was hiding behind the Muslim to kill him, and he raised his hand to hit me but I hit his hand and cut it off. That man got hold of me and pressed me so hard that I was afraid (that I would die), then he knelt down and his grip became loose and I pushed him and killed him. The Muslims (excepting the Prophet and some of his companions) started fleeing and I too, fled with them. Suddenly I met `Umar bin Al-Khattab amongst the people and I asked him, "What is wrong with the people?" He said, "It is the order of Allah" Then the people returned to Allah's Apostle (after defeating the enemy). Allah's Apostle said, "Whoever produces a proof that he has killed an infidel, will have the spoils of the killed man." So I got up to look for an evidence to prove that I had killed an infidel, but I could not find anyone to bear witness for me, so I sat down. Then it came to my mind (that I should speak of it) and I mentioned the case to Allah's Apostle. A man from the persons who were sitting with him (i.e. the Prophet), said, "The arms of the deceased one whom he ( i.e. Abu Qatada) has mentioned, are with me, so please compensate him for it (i.e. the spoils)," Abu Bakr said, "No, Allah's Apostle will not give it (i.e. the spoils) to a weak humble person from Quraish and leave one of Allah's Lions who fights on behalf of Allah and His Apostle." Allah's Apostle then got up and gave that (spoils) to me, and I bought with it, a garden which was the first property I got after embracing Islam.

When Allah gave victory to His Apostle over the people of Mecca, Allah's Apostle stood up among the people and after glorifying Allah, said, "Allah has prohibited fighting in Mecca and has given authority to His Apostle and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate." Al-`Abbas said, "Except Al-Idhkhir, for we use it in our graves and houses." Allah's Apostle said, "Except Al-Idhkhir." Abu Shah, a Yemenite, stood up and said, "O Allah's Apostle! Get it written for me." Allah's Apostle said, "Write it for Abu Shah." (The sub-narrator asked Al-Auza'i): What did he mean by saying, "Get it written, O Allah's Apostle?" He replied, "The speech which he had heard from Allah's Apostle ."

Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Apostle!" Allah's Apostle said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Apostle! Except Al- Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Apostle said, "Except Al-idhkkir."

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bani Laith in revenge for a killed person, belonging to them. They informed the Prophet about it. So he rode his Rahila (she-camel for riding) and addressed the people saying, "Allah held back the killing from Mecca. (The sub-narrator is in doubt whether the Prophet said "elephant or killing," as the Arabic words standing for these words have great similarity in shape), but He (Allah) let His Apostle and the believers over power the infidels of Mecca. Beware! (Mecca is a sanctuary) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day. No doubt it is at this moment a sanctuary, it is not allowed to uproot its thorny shrubs or to uproot its trees or to pick up its Luqat (fallen things) except by a person who will look for its owner (announce it publicly). And if somebody is killed, then his closest relative has the right to choose one of the two-- the blood money (Diyya) or retaliation having the killer killed. In the meantime a man from Yemen came and said, "O Allah's Apostle! Get that written for me." The Prophet ordered his companions to write that for him. Then a man from Quraish said, "Except Al-Idhkhir (a type of grass that has good smell) O Allah's Apostle, as we use it in our houses and graves." The Prophet said, "Except Al-Idhkhir i.e. Al-Idhkhir is allowed to be plucked."

Yahya related to me from Malik from Yahya ibn Said from Amr ibn Kathir ibn Aflah from Abu Muhammad, the mawla of Abu Qatada that Abu Qatada ibn Ribi said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hunayn. When the armies met, the Muslims were put in disarray. I saw a man from the idol worshippers who had got the better of one of the Muslims, so I circled round and came up behind him, and struck him with a sword on his shoulder-blade. He turned to me and grabbed me so hard that I felt the smell of death in it. Then death overcame him, and he let go of me."

He continued, "I met Umar ibn al-Khattab and said to him, 'What's going on with the people?' He replied, 'The Command of Allah.' Then the people took hold of the battle and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' and then I sat down. The Messenger of Allah repeated, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' then I sat down. Then he repeated his statement a third time, so I stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'What's the matter with you, Abu Qatada?' So I related my story to him. A man said, 'He has spoken the truth, Messenger of Allah. I have the effects of that slain person with me, so give him compensation for it, Messenger of Allah.'

Abu Bakr said, 'No, by Allah! He did not intend that one of the lions of Allah should fight for Allah and His Messenger and then give you his spoils.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He has spoken the truth, hand it over to him.' He gave it to me, and I sold the breast-plate and I bought a garden in the area of the Banu Salima with the money. It was my first property, and I acquired it in Islam."

Another chain reports a similar hadith.

Abu Bakr asked the Prophet to allow him to go out (of Mecca) when he was greatly annoyed (by the infidels). But the Prophet said to him, ''Wait." Abu Bakr said, O Allah's Apostle! Do you hope that you will be allowed (to migrate)?" Allah's Apostle replied, "I hope so." So Abu Bakr waited for him till one day Allah's Apostle came at noon time and addressed him saying "Let whoever is present with you, now leave you." Abu Bakr said, "None is present but my two daughters." The Prophet said, "Have you noticed that I have been allowed to go out (to migrate)?" Abu Bakr said, "O Allah's Apostle, I would like to accompany you." The Prophet said, "You will accompany me." Abu Bakr said, "O Allah's Apostle! I have got two she-camels which I had prepared and kept ready for (our) going out." So he gave one of the two (she-camels) to the Prophet and it was Al-Jad`a . They both rode and proceeded till they reached the Cave at the mountain of Thaur where they hid themselves. Amir bin Fuhaira was the slave of `Abdullah bin at-Tufail bin Sakhbara `Aisha's brother from her mother's side. Abu Bakr had a milch she-camel. Amir used to go with it (i.e. the milch she-camel) in the afternoon and come back to them before noon by setting out towards them in the early morning when it was still dark and then he would take it to the pasture so that none of the shepherds would be aware of his job. When the Prophet (and Abu Bakr) went away (from the Cave), he (i.e. 'Amir) too went along with them and they both used to make him ride at the back of their camels in turns till they reached Medina. 'Amir bin Fuhaira was martyred on the day of Bir Ma'una. Narrated `Urwa: When those (Muslims) at Bir Ma'una were martyred and `Amr bin Umaiya Ad- Damri was taken prisoner, 'Amir bin at-Tufail, pointing at a killed person, asked `Amr, "Who is this?" `Amr bin Umaiya said to him, "He is 'Amir bin Fuhaira." 'Amir bin at-Tufail said, "I saw him lifted to the sky after he was killed till I saw the sky between him and the earth, and then he was brought down upon the earth. Then the news of the killed Muslims reached the Prophet and he announced the news of their death saying, "Your companions (of Bir Ma'una) have been killed, and they have asked their Lord saying, 'O our Lord! Inform our brothers about us as we are pleased with You and You are pleased with us." So Allah informed them (i.e. the Prophet and his companions) about them (i.e. martyrs of Bir Mauna). ...

Ibn `Umar informed me that on the day (of Mu'tah) he stood beside Ja`far who was dead (i.e. killed in the battle), and he counted fifty wounds in his body, caused by stabs or strokes, and none of those wounds was in his back.

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.

He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.

He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.

He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.

The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.

The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to ...

The Prophet (saws) said: It will turn out that you will be armed troops, one is Syria, one in the Yemen and one in Iraq. Ibn Hawalah said: Choose for me, Messenger of Allah, if I reach that time. He replied: Go to Syria, for it is Allah's chosen land, to which his best servants will be gathered, but if you are unwilling, go to your Yemen, and draw water from your tanks, for Allah has on my account taken special charge of Syria and its people.

When the time of the Battle of Uhud approached, my father called me at night and said, "I think that I will be the first amongst the companions of the Prophet to be martyred. I do not leave anyone after me dearer to me than you, except Allah's Apostle's soul and I owe some debt and you should repay it and treat your sisters favorably (nicely and politely)." So in the morning he was the first to be martyred and was buried along with another (martyr). I did not like to leave him with the other (martyr) so I took him out of the grave after six months of his burial and he was in the same condition as he was on the day of burial, except a slight change near his ear.

When we were with the Messenger of Allah (saws) on an expedition, he saw some people collected together over something and sent a man and said: See, what are these people collected around? He then came and said: They are round a woman who has been killed. He said: This is not one with whom fighting should have taken place. Khalid ibn al-Walid was in charge of the van; so he sent a man and said: Tell Khalid not to kill a woman or a hired servant.

Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (saws), a man of an-Nadir killed a man of Qurayzah.

They said: Give him to us, we shall kill him. They replied: We have the Prophet (saws) between you and us. So they came to him.

Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life.

The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?"

Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

The Prophet (saws) said: If anyone kills a gecko with the first blow, such and such number of good deeds will be recorded for him, if he kills it with the second blow, such and such number of good deeds will be recorded for him less than the former; and if he kills it with the third blow, such and such number of good deeds will be recorded for him, less than the former.

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."

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

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 Prophet (saws) said: He who is killed while protecting his property is a martyr, and he who is killed while defending his family, or his blood, or his religion is a martyr.