Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

A man used to eat much, but when he embraced Islam, he started eating less. That was mentioned to the Prophet who then said, "A believer eats in one intestine (is satisfied with a little food) and a Kafir eats in seven intestines (eats much). "

Allah's Apostle said on the day of Badr, "Who will go and see what has happened to Abu Jahl?" Ibn Mas`ud went and saw him struck by the two sons of 'Afra and was on the point of death . Ibn Mas`ud said, "Are you Abu Jahl?" Abu Jahl replied, "Can there be a man more superior to the one whom you have killed (or as Sulaiman said, or his own folk have killed.)?" Abu Jahl added, "Would that I had been killed by other than a mere farmer. "

It was narrated that Ibn Ya’mar said: I asked Ibn `Umar-or a man asked him: We travel in this land and we meet people who say, There is no qadar (divine decree), Ibn `Umar said: If you meet those people, tell them that ‘Abdullah bin `Umar has nothing to do with them and they have nothing to do with him - he said it three times. Then he told us. Whilst we were with the Messenger of Allah (ﷺ), a man came and said: O Messenger of Allah (ﷺ), may I draw closer? He said: `Come closer.` So he came a little closer, then he said: O Messenger of Allah (ﷺ), may I come closer? He said: `Come closer.” So he came a little closer, then he said: O Messenger of Allah (ﷺ), may I come closer? He said: `Come closer.” So he came a little closer until his knees were almost touching the knees of the Messenger of Allah (ﷺ) . Then he said: O Messenger of Allah (ﷺ), what is faith? - and he mentioned a similar report.

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.

The wife of Thabit bin Qais bin Shammas came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah's Blessings." On that, Allah's Apostle said (to her), 'Will you return his garden to him?" She said, "Yes." So she returned his garden to him and the Prophet told him to divorce her.

The Prophet recited Suratan-Najm (103) at Mecca and prostrated while reciting it and those who were with him did the same except an old man who took a handful of small stones or earth and lifted it to his forehead and said, "This is sufficient for me." Later on, I saw him killed as a non-believer.

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab told people to kill snakes in the Haram.

Malik said, about the "wild dogs" which people were told to kill in the Haram, that any animals that wounded, attacked, or terrorised men, such as lions, leopards, Iynxes and wolves, were counted as"wild dogs." However, someone who was in ihram should not kill beasts of prey that did not attack (people), such as hyenas, foxes, cats and anything else like them, and if he did then he had to pay a forfeit for it. Similarly, someone in ihram should not kill any predatory birds except the kinds that the Prophet, may Allah bless him and grant him peace, specified, namely crows and kites. If someone in ihram killed any other kind of bird he had to pay a forfeit for it.

My father, seeing a silken cloak being sold, said, "O Allah's Apostle! Buy this and wear it on Fridays and when the foreign delegates pay a visit to you." He said, "This is worn only by that person who will have no share in the Hereafter." Later a few silken cloaks were given to the Prophet as a gift, and he sent one of those cloaks to `Umar. `Umar said (to the Prophet), "How can I wear it while you have said about it what you said?" The Prophet said, "I did not give it to you to wear but to sell or to give to someone else to wear." So `Umar sent it to his (pagan) brother who was from the inhabitants of Mecca before he (`Umar's brother) embraced Islam.

They said: Bier of Abdullah ibn Umayr. So I followed it. Suddenly I saw a man, who had a thin garment on riding his small mule. He had a piece of cloth on his head to protect himself from the sun. I asked: Who is this important man? People said: This is Anas ibn Malik.

When the bier was placed, Anas stood and led the funeral prayer over him while I was just behind him, and there was no obstruction between me and him. He stood near his head, and uttered four takbirs (Allah is Most Great). He neither lengthened the prayer nor hurried it. He then went to sit down. They said: AbuHamzah, (here is the bier of) an Ansari woman. They brought her near him and there was a green cupola-shaped structure over her bier. He stood opposite her hips and led the funeral prayer over her as he had led it over the man. He then sat down.

Al-Ala' ibn Ziyad asked: AbuHamzah, did the Messenger of Allah (saws) say the funeral prayer over the dead as you have done, uttering four takbirs (Allah is Most Great) over her, and standing opposite the head of a man and the hips of a woman?

He replied: Yes. He asked: AbuHamzah, did you fight with the Messenger of Allah? He replied: Yes. I fought with him in the battle of Hunayn. The polytheists came out and invaded us so severely that we saw our horses behind our backs. Among the people (i.e. the unbelievers) there was a man who was attacking us, and striking and wounding us (with his sword). Allah then defeated them. They were then brought and began to take the oath of allegiance to him for Islam.

A man from among the companions of the Prophet (saws) said: I make a vow to myself that if Allah brings the man who was striking us (with his sword) that day, I shall behead him. The Messenger of Allah (saws) kept silent and the man was brought (as a captive).

When he saw the Messenger of Allah (saws), he said: Messenger of Allah, I have repented to Allah. The Messenger of Allah (saws) stopped (for a while) receiving his oath of allegiance, so that the other man might fulfil his vow. But the man began to wait for the order of the Messenger of Allah (saws) for his murder. He was afraid of the Messenger of Allah (saws) to kill him. When the Messenger of Allah (saws) saw that he did not do anything, he received his oath of allegiance. The man said: Messenger of Allah, what about my vow? He said: I stopped (receiving his oath of allegiance) today so that you might fulfil your vow. He said: Messenger of Allah, why did you not give any signal to me? The Prophet (saws) said: It is not worthy of a Prophet to give a signal.

AbuGhalib said: I asked (the people) about Anas standing opposite the hips of a woman. They told me that this practice was due to the fact that (in the days of the Prophet) there were no cupola-shaped structures over the biers of women. So the imam used to stand opposite the hips of a woman to hide her from the people.

Abu Dawud said: The saying of the Prophet (saws) "I have been commanded to fight against the people until they say: There is no god bu Allah" abrogated this tradition of fulfilling the vow by his remark: "I have repented".

The Prophet (saws) said: Disagreement will occur at the death of a caliph and a man of the people of Medina will come flying forth to Mecca. Some of the people of Mecca will come to him, bring him out against his will and swear allegiance to him between the Corner and the Maqam. An expeditionary force will then be sent against him from Syria but will be swallowed up in the desert between Mecca and Medina. When the people see that, the eminent saints of Syria and the best people of Iraq will come to him and swear allegiance to him between the Corner and the Maqam.

Then there will arise a man of Quraysh whose maternal uncles belong to Kalb and send against them an expeditionary force which will be overcome by them, and that is the expedition of Kalb. Disappointed will be the one who does not receive the booty of Kalb. He will divide the property, and will govern the people by the Sunnah of their Prophet (saws) and establish Islam on Earth. He will remain seven years, then die, and the Muslims will pray over him.

Abu Dawud said: Some transmitted from Hisham "nine years" and some "seven years".

A man came to Allah's Apostle and said, "O Allah's Apostle! Suppose a man saw another man with his wife, should he kill him whereupon you might kill him (i.e. the killer) (in Qisas) or what should he do?" So Allah revealed concerning their case what is mentioned of the order of Mula'ana. Allah's Apostle said to the man, "The matter between you and your wife has been decided." So they did Mula'ana in the presence of Allah's Apostle and I was present there, and then the man divorced his wife. So it became a tradition to dissolve the marriage of those spouses who were involved in a case of Mula'ana. The woman was pregnant and the husband denied that he was the cause of her pregnancy, so the son was (later) ascribed to her. Then it became a tradition that such a son would be the heir of his mother, and she would inherit of him what Allah prescribed for her.

None embraced Islam, except on the day I embraced it. And for seven days I was one of the three persons who were Muslims (one-third of Islam).

I got an agreement written between me and Umaiya bin Khalaf that Umaiya would look after my property (or family) in Mecca and I would look after his in Medina. When I mentioned the word 'Ar64 Rahman' in the documents, Umaiya said, "I do not know 'Ar-Rahman.' Write down to me your name, (with which you called yourself) in the Pre-Islamic Period of Ignorance." So, I wrote my name ' `Abdu `Amr'. On the day (of the battle) of Badr, when all the people went to sleep, I went up the hill to protect him. Bilal(1) saw him (i.e. Umaiya) and went to a gathering of Ansar and said, "(Here is) Umaiya bin Khalaf! Woe to me if he escapes!" So, a group of Ansar went out with Bilal to follow us (`Abdur-Rahman and Umaiya). Being afraid that they would catch us, I left Umaiya's son for them to keep them busy but the Ansar killed the son and insisted on following us. Umaiya was a fat man, and when they approached us, I told him to kneel down, and he knelt, and I laid myself on him to protect him, but the Ansar killed him by passing their swords underneath me, and one of them injured my foot with his sword. (The sub narrator said, " `Abdur-Rahman used to show us the trace of the wound on the back of his foot.")

Once the Prophet went out during the day. Neither did he talk to me nor I to him till he reached the market of Bani Qainuqa and then he sat in the compound of Fatima's house and asked about the small boy (his grandson Al-Hasan) but Fatima kept the boy in for a while. I thought she was either changing his clothes or giving the boy a bath. After a while the boy came out running and the Prophet embraced and kissed him and then said, 'O Allah! Love him, and love whoever loves him.'

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

A group of three men came to the houses of the wives of the Prophet asking how the Prophet worshipped (Allah), and when they were informed about that, they considered their worship insufficient and said, "Where are we from the Prophet as his past and future sins have been forgiven." Then one of them said, "I will offer the prayer throughout the night forever." The other said, "I will fast throughout the year and will not break my fast." The third said, "I will keep away from the women and will not marry forever." Allah's Apostle came to them and said, "Are you the same people who said so-and-so? By Allah, I am more submissive to Allah and more afraid of Him than you; yet I fast and break my fast, I do sleep and I also marry women. So he who does not follow my tradition in religion, is not from me (not one of my followers).

On my way to the Prophet I was reciting:-- 'What a long tedious tiresome night! Nevertheless, it has saved us From the land of Kufr (disbelief).' I had a slave who ran away from me on the way. When I went to the Prophet and gave the pledge of allegiance for embracing Islam, the slave showed up while I was still with the Prophet who remarked, "O Abu Huraira! Here is your slave!" I said, "I manumit him for Allah's Sake," and so I freed him.

Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."

Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."

Malik added, "There is no harm, however, in someone buying a person expressly to set him free."

Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."

Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."

Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."

An army unit was being recruited from the people of Medina and my name was written among them. Then I met `Ikrima, and when I informed him about it, he discouraged me very strongly and said, "Ibn `Abbas told me that there were some Muslims who were with the pagans to increase their number against Allah's Apostle (and the Muslim army) so arrows (from the Muslim army) would hit one of them and kill him or a Muslim would strike him (with his sword) and kill him. So Allah revealed:-- 'Verily! As for those whom the angels take (in death) while they are wronging themselves (by staying among the disbelievers).' (4.97)

as follows in Hadith 297.

Narrated Abu Huraira:

We were in the company of Allah's Apostle in a Ghazwa, and he remarked about a man who claimed to be a Muslim, saying, "This (man) is from the people of the (Hell) Fire." When the battle started, the man fought violently till he got wounded. Somebody said, "O Allah's Apostle! The man whom you described as being from the people of the (Hell) Fire fought violently today and died." The Prophet said, "He will go to the (Hell) Fire." Some people were on the point of doubting (the truth of what the Prophet had said) while they were in this state, suddenly someone said that he was still alive but severely wounded. When night fell, he lost patience and committed suicide. The Prophet was informed of that, and he said, "Allah is Greater! I testify that I am Allah's Slave and His Apostle." Then he ordered Bilal to announce amongst the people: 'None will enter Paradise but a Muslim, and Allah may support this religion (i.e. Islam) even with a disobedient man.'

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.

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."

Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our citydoing, is that the child of the half-sibling by the mother, the paternal grandfather, the paternal uncle who is the maternal half- brother of the father, the maternal uncle, the great-grandmother who is the mother of the mother's father, the daughter of the full- brother, the paternal aunt, and the maternal aunt do not inherit anything by their kinship."

Malik said, "The woman who is the furthest relation of the deceased of those who were named in this book, does not inherit anything by her kinship, and women do not inherit anything apart from those that are named in the Qur'an. Allah, the Blessed, the Exalted, mentioned in His Book the inheritance ofthe mother from her children, the inheritance of the daughters from their father, the inheritance of the wife from her husband, the inheritance of the full sisters, the inheritance of the half-sisters by the father and the inheritance of the half-sisters by the mother. The grandmother is made an heir by the example of the Prophet, may Allah bless him and grant him peace, made about her. A woman inherits from a slave she frees herself because Allah, the Blessed, the Exalted, said in His Book, 'They are your brothers in the deen and your mawali.' "

Allah's Apostle came out as the sun declined at midday and offered the Zuhr prayer. He then stood on the pulpit and spoke about the Hour (Day of Judgment) and said that in it there would be tremendous things. He then said, "Whoever likes to ask me about anything he can do so and I shall reply as long as I am at this place of mine. Most of the people wept and the Prophet said repeatedly, "Ask me." `Abdullah bin Hudhafa As-Sahmi stood up and said, "Who is my father?" The Prophet said, "Your father is Hudhafa." The Prophet repeatedly said, "Ask me." Then `Umar knelt before him and said, "We are pleased with Allah as our Lord, Islam as our religion, and Muhammad as our Prophet." The Prophet then became quiet and said, "Paradise and Hell-fire were displayed in front of me on this wall just now and I have never seen a better thing (than the former) and a worse thing (than the latter).

The people of (Banu) Quraiza agreed to accept the verdict of Sa`d bin Mu`adh. So the Prophet sent for Sa`d, and the latter came (riding) a donkey and when he approached the Mosque, the Prophet said to the Ansar, "Get up for your chief or for the best among you." Then the Prophet said (to Sa`d)." These (i.e. Banu Quraiza) have agreed to accept your verdict." Sa`d said, "Kill their (men) warriors and take their offspring as captives, "On that the Prophet said, "You have judged according to Allah's Judgment," or said, "according to the King's judgment."

"The Prophet (saws) sent two armies, place 'Ali bin Abi Talib as the commanded of one of them, and Khalid bin Al-Walid over the other. He said: 'Where there is fighting, then 'Ali (is in command).'" He said: "So 'Ali conquered a fortress and took a slave girl. Khalid [bin Al-Walid] wrote a letter and sent me with it to the Prophet (saws), to speak against him for it. So I arrived to the Prophet (saws) to read the letter. The color of his face changed, the he said: 'What do you think about a man who loves Allah and His Messenger, and Allah and His Messenger love him?'" He said: "I said: 'I seek refuge from angering Allah and angering His Messenger, I am only the Messenger.' So he was silent.

[Abu 'Eisa said:] There is something about this from Ibn 'Umar. This Hadith is Hasan Gharib, we do not know of it except from the narration of Al-Ahwas bin Jawwab. And his saying: "To speak against him for that." refers to An-Namimah.

It was narrated from Mujahid bin Jabr... and he mentioned the same Hadeeth. He said: `Umar (4) took thirty three year-old she-camels, thirty four year-old she-camels and forty she camels between the ages of five and eight years, all of which were pregnant, then he called the brother of the one who had been killed and gave them to him, not to his father. And he said: I heard the Messenger of Allah (ﷺ) say: “The killer gets nothing.`