English translation
4610. Narrated Abū Qilāba that he was sitting behind 'Umar bin 'Abdul 'Aziz and the people repeatedly mentioned (about Al-Qasāma) and they said (various things), and said that the caliphs had permitted it. 'Umar bin 'Abdul-'Aziz turned towards Abū Qilāba who was behind him and said. "What do you say, O 'Abdullāh bin Zaid?" or said, "What do you say, O Abū Qilāba?" Abū Qilāba said, "I do not know that killing a person is lawful in Islām except in three cases: A married person committing illegal sexual intercourse, one who has murdered somebody unlawfully, or one who wages war against Allāh and His Messenger." 'Anbasa said, "Anas narrated to us such and such." Abū Qilāba said, "Anas narrated to me in this respect, saying: Some people came to the Prophet ﷺ and they spoke to him saying, 'The climate of this land does not suit us.' The Prophet ﷺ said, 'These are camels belonging to us, and they are to be taken out to the pasture. So, take them out and drink of their milk and urine.'(1) They took them and set out and drank of their urine and milk, and having recovered, they attacked the shepherd, killed him and drove away the camels. Why should there be any delay in punishing them as they murdered (a person) and waged war against Allāh and His Messenger and frightened Allāh's Messenger ﷺ? 'Anbasa said, "Glory be to Allāh!" Abū Qilāba said, "Do you suspect me?" 'Anbasa said, "No, Anas narrated that (Hadīth) to us." Then 'Anbasa added, "O the people of such and such (country), you will remain in good state as long as Allāh keeps this (man) and the like of this (man) amongst you."