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Text and translation
English translation
1422. Saḥl bin Abī Ḥaṭmah narrated – Yahya (one of the narrators) said: And I think it was from Rāfi’ bin Khadīj – that ‘Abdullāh bin Saḥl bin Zaid and Muḥaiyṣah bin Mas’ūd bin Zaid went out and when they reached Khaibar they separated while there. Then Muḥaiyṣah found ‘Abdullāh bin Saḥl murdered [so he buried him]. Then he went to the Messenger of Allāh ﷺ along with Ḥuwayyiṣah bin Mas’ūd and ‘Abdur-Raḥmān bin Saḥl. The youngest of the people, ‘Abdur-
Raḥmān, went to speak ahead of his companions. The Messenger of Allāh ﷺ said to him: "Let the eldest of you speak." So he was silent and his two companions spoke. So he conversed with them and they mentioned to the Messenger of Allāh ﷺ about the murder of 'Abdullāh bin Sahl. He said to them: "If fifty of you can swear an oath then you will have the right against the murderer." They said: "How can we take an oath when we did not witness it?" He said: "Then fifty of the Jews can swear to clear the charge with you?" They said: "How could we accept the oaths of a disbelieving people?" So when he saw that, the Messenger of Allāh ﷺ paid the blood-money. (Ṣaḥīḥ)
(Another chain) from Sahl bin Abī Ḥathmah and Rāfi' bin Khadij, and the meaning is similar to this Hadīth.
[Abū 'Eisā said:] This Hadīth is Hasan Ṣaḥīḥ.
This Hadīth is acted upon in cases of Al-Qasāmah according to the people of knowledge. Some of the Fuqahā' of Al-Madinah held the view that retaliation could be based upon Al-Qasāmah. Some of the people of knowledge among the people of Al-Kūfah and others said that there is no retaliation in Al-Qasāmah rather only blood-money.
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Footnotes
1
[1] It refers to the oath taken by a group of people about one of them who was killed, or it refers to the group of people who take the oath. See Tuhfat Al-Ahwadhi.
Commentary
If there is a murder in an area or a village, and the people of that area or village have no enmity or dispute with the victim for which they could be charged, or a law-suit could be filed against them that they had committed the murder, in such circumstances the claimants have to produce some proof or witnesses against the people of that area, or fifty people from the defendants will swear an oath and the case will be decided accordingly.
In the Name of Allāh,the Merciful, the Beneficent
“Hadd” means to stop or prevent, and in the Sharī‘ah it means the restrictive ordinance of Allāh ﷻ and the punishment for non-observance thereof. Qisās or killing in retaliation is not included in Hudūd, as it is the right of human-beings and can be pardoned.
