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English translation
4520. It was narrated from Yahyā bin Sa'eed, from Bushair bin Yasār, from Sahl bin Abī Hathmah and Rāfi' bin Khadīj that Muḥayyīṣah bin Mas'ūd and 'Abdullāh bin Sahl went out towards Khaibar, and they parted among the palm trees. 'Abdullāh bin Sahl was killed, and they suspected the Jews. His brother 'Abdur-Raḥmān bin Sahl, and his two cousins Huwayyīṣah and Muḥayyīṣah came to the Prophet ﷺ. 'Abdur-Raḥmān spoke about his brother, and he was the youngest of them, so the Messenger of Allāh ﷺ said: "Let the eldest speak, let the eldest speak," or "Let the eldest begin." So they spoke about their companion's case, and the Messenger of Allāh ﷺ said: "Let fifty of you swear against one of them, then he will be handed over to you with a rope around his neck." They said: "It is something that we did not witness; how can we swear?" He said: "Then if the Jews swear fifty oaths you do not have to do so." They said: "O Messenger of Allāh, they are a disbelieving people." So the
Messenger of Allāh ﷺ paid the blood money himself. Sahl said: "I entered a Mirbad (camel pen) of theirs one day, and a she-camel among those camels (that were given as blood money) kicked me with her foot." Hammād (one of the narrators) said this or something similar. (Ṣaḥīḥ)
Abū Dāwūd said: It was narrated by Bishr bin Al-Mufaḍḍal and Mālik from Yahyā bin Sa'eed who said in it: "Will you swear fifty oaths, and thus be entitled to the Diyah for your companion" – "or your slain one?"
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Commentary
Al-Qasamah is derived from Qasam (oath) and it means taking oaths in repetition. Here, it refers to the cases wherein a person is killed, and there are no witnesses. Then fifty persons from the claimant tribe will swear about the suspect or suspects that they are the murderers. If the claimants take an oath, the respondent will pay the blood money. If the claimant tribe does not take an oath, the defendant will swear that they are not the killers and they are not aware of the killer, so they will be free of blame, and they will not have to pay the blood money. It will be paid from the public treasury. If the defendant tribe does not swear, they will have to present the murderer or pay the blood money.
