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2677. It was narrated from Sahl bin Abu Hathmah from the elders of his people that 'Abdullāh bin Sahl and Muhayyisah set out for Khaibar because of some problem that had arisen. Someone came to Muhayyisah, and he told him that 'Abdullāh bin Sahl had been
killed and thrown into a pit or well in Khaibar. He came to the Jews and said: "By Allâh, you killed him." They said: "By Allâh, we did not kill him." Then he went back to his people and told them about that. Then he and his brother Huwayyisah, who was older than him, and 'Abdur-Rahmân bin Sahl, came (to the Prophet ﷺ). Muhayyisah, who was the one who had been at Khaibar, went and he began to speak, but the Messenger of Allâh ﷺ said: "Let the elder speak first." So Huwayyisah spoke, then Muhayyisah spoke. The Messenger of Allâh ﷺ said: "Either (the Jews) will pay the blood money for your companion, or war will be declared on them." The Messenger of Allâh ﷺ sent a letter to that effect (to the Jews) and they wrote back saying: "By Allâh, we did not kill him." The Messenger of Allâh ﷺ said to Huwayyisah, Muhayyisah and 'Abdur-Rahmân: "Will you swear an oath establishing your claim to the blood money of your companion?" They said: "No." He said: "Should the Jews swear an oath for you?" They said: "They are not Muslims." So the Messenger of Allâh ﷺ paid the blood money himself, and he sent one hundred she-camels to them and some of them entered the house.
Sahl said: "A red she-camel from among them kicked me." (Sahih)
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Commentary
a. If a person is killed, and it is not known who the killer is then fifty persons from the claimant tribe will swear about the suspect or suspects that they are 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 have not killed him, and they are not aware of the killer, so they will be cleared from 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.
b. The oath of women, children and insane persons is not acceptable. If fifty persons are not available for taking the oath, the number of persons present will suffice, but they will have to complete the number of fifty oaths.
(Footnote of Sunnan Ibn Majah by Muhammad Fuwâd Abdul-Bâqi.)
