Volume 5, Book 59, Number 354:
Narrated ‘Ubaidullah bin ‘Adi bin Al-Khiyar:
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.”

Volume 5, Book 58, Number 212:
Narrated ‘Ubaidullah bin ‘Adi bin Al-Khiyar:
That Al-Miswar bin Makhrama and ‘Abdur-Rahman bin Al-Aswad bin ‘Abu Yaghuth had said to
him, “What prevents you from speaking to your uncle ‘Uthman regarding his brother Al-Walid bin
‘Uqba?” The people were speaking against the latter for what he had done. ‘Ubaidullah said, “So I kept
waiting for ‘Uthman, and when he went out for the prayer, I said to him, ‘I have got something to say
to you as a piece of advice.’ ‘Uthman said, ‘O man! I seek Refuge with Allah from you. So I went away.
When I finished my prayer, I sat with Al-Miswar and Ibn ‘Abu Yaghuth and talked to both of them
of what I had said to ‘Uthman and what he had said to me. They said, ‘You have done your duty.’ So
while I was sitting with them. ‘Uthman’s Messenger came to me. They said, ‘Allah has put you to tri –
al.” I set out and when I reached ‘Uthman, he said, ‘What is your advice which you mentioned a
while ago?’ I recited Tashahhud and added, ‘Allah has sent Muhammad and has revealed the Holy
Book (i.e. Quran) to him. You (O Uthman!) were amongst those who responded to the call of Allah
and His Apostle and had faith in him. And you took part in the first two migrations (to Ethiopia and
to Medina), and you enjoyed the company of Allah’s Apostle and learned his traditions and advice.
Now the people are talking much about Al-Walid bin ‘Uqba and so it is your duty to impose on him
the legal punishment.’ ‘Uthman then said to me, ‘O my nephew! Did you ever meet Allah’s Apostle ?’ I
said, ‘No, but his knowledge has reached me as it has reached the virgin in her seclusion.’ ‘Uthman
then recited Tashahhud and said, ‘No doubt, Allah has sent Muhammad with the Truth and has re –
vealed to him His Holy Book (i.e. Quran) and I was amongst those who responded to the call of Allah
and His Apostle and I had faith in Muhammad’s Mission, and I had performed the first two migra –
tions as you have said, and I enjoyed the company of Allah’s Apostle and gave the pledge of allegi –
ance to him. By Allah, I never disobeyed him and never cheated him till Allah caused him to die.
Then Allah made Abu Bakr Caliph, and by Allah, I was never disobedient to him, nor did I cheat him.
Then ‘Umar became Caliph, and by Allah, I was never disobedient to him, nor did I cheat him. Then I
became Caliph. Have I not then the same rights over you as they had over me?’ I replied in the af –
firmative. ‘Uthman further said, ‘The what are these talks which are reaching me from you? As for
what you ha mentioned about Al-Walid bin ‘Uqb; Allah willing, I shall give him the leg; punishment
justly. Then Uthman ordered that Al-Walid be flogged fort lashes. He ordered ‘Ali to flog him an he
himself flogged him as well.”