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Anas said, "Some people of 'Ukl or 'Uraina tribe came to Medina and its climate did not suit them. So the Prophet ordered them to go to the herd of (Milch) camels and to drink their milk and urine (as a medicine). So they went as directed and after they became healthy, they killed the shepherd of the Prophet and drove away all the camels. The news reached the Prophet early in the morning and he sent (men) in their pursuit and they were captured and brought at noon. He then ordered to cut their hands and feet (and it was done), and their eyes were branded with heated pieces of iron, They were put in 'Al-Harra' and when they asked for water, no water was given to them." Abu Qilaba said, "Those people committed theft and murder, became infidels after embracing Islam and fought against Allah and His Apostle."
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Yahya related to me from Malik that he saw whomever he was satisfied with among the people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally, "That is permitted for him. He is more entitled to the man's blood than any of his relatives after him." Malik said about a man who pardoned murder, after he had claimed his right and it was obliged for him, "There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him." Malik said about the murderer when he was pardoned, "He is flogged one hundred lashes and jailed for a year." Malik said, "When a man murders intentionally and there is a clear proof of that, and the murdered man has sons and daughters and the sons pardon and the daughters refuse to pardon, the pardon of the sons is permitted in opposition to the daughters and there is no authority for the daughters with the sons in demanding blood and pardoning."
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Abu Shuraih said, "When 'Amr bin Said was sending the troops to Mecca (to fight 'Abdullah bin Az-Zubair) I said to him, 'O chief! Allow me to tell you what the Prophet said on the day following the conquests of Mecca. My ears heard and my heart comprehended, and I saw him with my own eyes, when he said it. He glorified and praised Allah and then said, "Allah and not the people has made Mecca a sanctuary. So anybody who has belief in Allah and the Last Day (i.e. a Muslim) should neither shed blood in it nor cut down its trees. If anybody argues that fighting is allowed in Mecca as Allah's Apostle did fight (in Mecca), tell him that Allah gave permission to His Apostle, but He did not give it to you. The Prophet added: Allah allowed me only for a few hours on that day (of the conquest) and today (now) its sanctity is the same (valid) as it was before. So it is incumbent upon those who are present to convey it (this information) to those who are absent." Abu- Shuraih was asked, "What did 'Amr reply?" He said 'Amr said, "O Abu Shuraih! I know better than you (in this respect). Mecca does not give protection to one who disobeys (Allah) or runs after committing murder, or theft (and takes refuge in Mecca).
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that the Messenger of Allah (saw) said: "The believers will be gathered on the Day of Resurrection, inspired or worried." - Saeed was not sure - "And they will say: If we seek someone to intercede for us with our Lord, we may find relief from our situation. So they will go to Adam and will say: You are Adam, the father of mankind. Allah created you with His Hand and His angels prostrated to you. Intercede for us with your Lord, that He might grant us relief from our situation. He will say: I am not the one, and he will mention to them and complain of the sin that he committed. He will feel too shy to do that (and will say): Rather go to Nuh, for he is the first Messenger whom Allah sent to the people of earth. So they will go to him, but he will say: I am not the one, and he will mention of how he asked of Allah that of which he had no knowledge.* He will feel too shy to do that (and will say): Rather go to the Close Friend of the Most Merciful, Ibrahim. So they will go to him and he will say: I am not the one. Rather go to Musa, a slave to whom Allah spoke and to whom He gave the Torah. So they will go to him and he will say: I am not the one, and he will mention how he killed a soul, not in retaliation for murder (and will say): Rather go to Isa, the slave of Allah and His Messenger, the Word of Allah and a spirit created by Him. So they will go to him, but he will say: I am not the one. Rather go to Muhammad, a slave whose past and future sins Allah forgave. So they will come to me and I will go with them." - There was a similar report from Hasan who added (the Prophet (saw) said:) And I will walk between two rows of the believers." Then he went back to the Hadith of Anas. - And he said: "And I will ask my Lord for permission and permission will be given to me. When I see Him I will fall down prostrating, and I will be left as long as Allah wills to leave me. Then it will be said: Get up, O Muhammad. Speak, you will be heard; ask, you will be given; intercede, your intercession will be accepted. I will praise Him with praise that He will teach me, then I will intercede, and a limit will be set. Then they will be admitted to Paradise, and I will come back a second time. When I see Him I will fall down prostrating, and I will be left as long as Allah wills to leave me. Then it will be said: Get up, O Muhammad. Speak, you will be heard; ask, you will be given; intercede, your intercession will be accepted. I will praise Him with praise that He will teach me, then I will intercede, and a limit will be set. Then they will be admitted to Paradise, and I will come back a third time. When I see Him I will fall down prostrating, and I will be left as long as Allah wills to leave me. Then it will be said: Get up, O Muhammad. Speak, you will be heard; ask, you will be given; intercede, your intercession will be accepted. I will praise Him with praise that He will teach me, then I will intercede, and a limit will be set. Then they will be admitted to Paradise, and I will come back a fourth time and will say: O Lord, there is no one left except those who are detained by the Quran." **
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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 whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge." Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood-relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted." Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' " Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf." Malik said, "This is the best I have heard about the matter." He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."
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