English translation
3845. Narrated Ibn 'Abbās رضي الله عنهما: The first event of Qasāma in the Pre-Islāmic Period of Ignorance was practised by us (i.e., Banū Hāshim). A man from Banū Hāshim was employed by a Quraishī man from another branch-family. The (Hāshimi) labourer set out with the Quraishī driving his camels. There passed by him another man from Banū Hāshim. The leather rope of the latter's bag had broken so he said to the labourer, "Will you help me by giving me a rope in order to tie the handle of my bag, lest the camels should run away from me?" The labourer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the labourer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishī asked, "Where is its fetter?" and hit the labourer with a stick that caused his death. (Later on just before his death) a man from Yemen passed by him. The labourer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hāshimi) labourer said, "Will you (1) (Ch.2) Al-Qasāma means the oath taken by some people concerning the accusation of killing somebody, (also see the glossary). please convey a message for me once in your life?" The other man said, "Yes." The labourer wrote: "When you intend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banū Hāshim, and if they respond to you, ask about Abū Tālib and tell him that so-and-so has killed me for a fetter." Then the labourer expired. When the employer reached (Makkah), Abū Tālib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abū Tālib said, "The deceased deserved this from you." After some time, the messenger whom the labourer has asked to convey the message, reached (Makkah) during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banū Hāshim!" Again the people replied, "This is Banū Hāshim." He asked, "Who is Abū Tālib?" The people replied, "This is Abū Tālib." He said, "So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abū Tālib went to the (Quraishī) killer and said to him, "Chose one of three alternatives: (i) If you wish, give us one hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisās(1)" The killer went to his people and they said, "We will take an oath." Then a woman from Banū Hāshim who was married to one of them (i.e., the Quraishīs) and had given birth to a child from him, came to Abū Tālib and said, "O Abū Tālib! I wish that my son, from among the fifty men, should be excused from this oath, and that he should not take the oath when the oath-taking is carried on." Abū Tālib excused him. Then another man from them came (to Abū Tālib) and said, "O Abū Tālib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So, there are two camels I would like you to accept from me, and excuse me from taking an oath when the oaths are taken." Abū Tālib accepted them from him. Then 48 men came and took the oath. (Ibn 'Abbās further said: :) By Him in Whose Hand my soul is, before the end of that year, none of those 48 persons remained alive.