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English translation
4714. It was narrated from Sahl bin Abî Hathmah that 'Abdullâh bin Sahl and Muḥayyṣah set out for Khaibar because of some problem that had arisen. Someone came to Muḥayyṣah and he told him that 'Abdullâh bin Sahl had been killed and thrown into a pit, or a well. 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 the Messenger of Allâh ﷺ and told him about that. Then he and Ḥuwayyṣah – his brother who was older than him – and 'Abdur-Raḥmân bin Sahl, came (to the Prophet ﷺ). Muḥayyṣah, who was the one who had been at Khaibar, began to speak, but the Messenger of Allâh ﷺ said: "Let the elder speak first." So Ḥuwayyṣah spoke, then Muḥayyṣah spoke. The Messenger of Allâh ﷺ said: "Either (the Jews) will pay the Diyah 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 Huwayyâh, Muḥayyâh and 'Abdur-Raḥmân: "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 Diyah) himself, and he sent one hundred she-camels to their abodes. Sahl said: "A red she-camel from among them kicked me." (Sahl)
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Commentary
1. 'Abdullâh bin Sahl and Muḥayyâh were cousin brothers. They owned land in Khaibar, which they had received by way of the spoils of Khaibar.
2. In some narrations, mention of taking an oath from the Jews comes first because they were the defendants and the oath is the right of the defendant. In this narration, taking the oath from the claimants (plaintiffs) comes first. Though majority of the narrations are harmonious with the latter form, and Imâm Aḥmad has given precedence to these narrations, based on this principle of narration. And Allâh knows best!
