29627 - Abu Muhammad Abdullah ibn Yunus narrated to us, he said: Abu Abd al-Rahman Baqi ibn Makhlad narrated to us, he said: Abu Bakr narrated to us, he said: Abd al-A'la ibn Abd al-A'la from Ma'mar from al-Zuhri from Sa'id ibn al-Musayyib that al-qasama existed in the Jahiliyyah, and the Prophet صلی اللہ علیہ وسلم affirmed it (1) in the case of ⦗246⦘ a man from the Ansar who was found killed in a (well) (2) (belonging to the Jews) (3). He said: The Messenger of Allah صلی اللہ علیہ وسلم began with the Jews and required them to take an oath of fifty, but the Jews said: We will not (swear) (4) (5). Then the Messenger of Allah صلی اللہ علیہ وسلم said to the Ansar: "(Will you swear?)" (6) but the Ansar refused to swear, so the Messenger of Allah صلی اللہ علیہ وسلم made the Jews pay (his blood money) (7) because he was killed among them (8).

Hazrat Muammar narrates that Hazrat Zuhri said: Hazrat Umar bin Abdul Aziz called me and asked me about the Shari'ah ruling regarding Qasamah. So he said: It has become clear to me that I should reject it because a villager gives testimony and an absent person comes and gives testimony. I said: O Commander of the Faithful! You cannot reject it because the Messenger of Allah and after him the Rightly Guided Caliphs have given judgment on it.

Hazrat Sulaiman bin Yasar narrates that Hazrat Umar bin Abdul Aziz said: I have never seen a law like Qasamah by which I can take Qisas (retribution). Allah, the Lord of Honor, says: Translation: And let two just men from among you bear witness. And He said: Translation: And we do not testify except to what we know, and we are not guardians of the unseen. And Allah, the Lord of Honor, said: Except for those who bear witness to the truth and they know. Hazrat Sulaiman bin Yasar said: Qasamah is rightful. The Messenger of Allah (peace and blessings be upon him) decided upon it. While the people of Ansar were sitting with the Messenger of Allah (peace and blessings be upon him), suddenly one of them left. Then all of them left the presence of the Messenger of Allah (peace and blessings be upon him). They found their companion drenched in blood. They returned to the Messenger of Allah (peace and blessings be upon him) and said, "The Jews have killed us," and they named a man from among the Jews, although they had no evidence. The Messenger of Allah (peace and blessings be upon him) said to them: If two witnesses other than yourselves testify, I will hand over that person to you completely. But they had no evidence. He (peace and blessings be upon him) said: You become entitled by taking fifty oaths. I will hand over that person to you completely. They said, "O Messenger of Allah (peace and blessings be upon him)! We dislike taking an oath on something unseen." Then the Prophet of Allah (peace and blessings be upon him) intended to take fifty oaths from the Jews. So the Ansar said: "O Messenger of Allah (peace and blessings be upon him), the Jews do not care about oaths. How can we accept this from them? In this way, they will do the same with our other people." So the Messenger of Allah (peace and blessings be upon him) paid the blood money from his own side.

29630 - Sulayman ibn Yasar said: Al-Qasama (is a right) (1) which was judged by the Messenger of Allah صلی اللہ علیہ وسلم (2). While the Ansar were with the Messenger of Allah صلی اللہ علیہ وسلم , (when) (3) a man from among them went out, then they left the Messenger of Allah صلی اللہ علیہ وسلم , and found their companion (wallowing) (4) in his blood. They returned to the Messenger of Allah صلی اللہ علیہ وسلم and said: "The Jews have killed us"—and they named a man among them, but they had no (for them) (5) evidence. The Messenger of Allah صلی اللہ علیہ وسلم said to them: "Two witnesses from other than yourselves, so that I may hand him over to you entirely." (But they had no evidence, so he said:) "Claim it with fifty oaths and I will hand him over to you entirely." (6) (They said) (7): "O Messenger of Allah, we dislike to swear about the unseen." So the Prophet of Allah صلی اللہ علیہ وسلم wanted to take the oaths of the Jews, fifty from among them. The Ansar said: "O Messenger of Allah, the Jews do not care about swearing; (whenever) (8) (we) (9) accept this from them, they will destroy us all." So the Messenger of Allah صلی اللہ علیہ وسلم paid the blood money from his own resources (10).

Hazrat Abdullah bin Umar narrates that Huwaisah bin Mas’ud, Muhayisah bin Mas’ud, Abdullah, and Abdur Rahman — these four set out on a journey, and as they passed by Khaybar, Abdullah was attacked and killed. The narrator says that this matter was mentioned before the Noble Prophet (peace and blessings be upon him), so the Noble Prophet (peace and blessings be upon him) said:“You will take fifty oaths, then you will be entitled (to the blood money).”They said:“O Messenger of Allah (peace and blessings be upon him), how can we take oaths when we were not present there?”The Prophet (peace and blessings be upon him) said:“Then you absolve the Jews, that is, the Jews will take the oaths.”They said:“O Messenger of Allah (peace and blessings be upon him), then the Jews will kill us.”So the Noble Prophet (peace and blessings be upon him) paid the blood money from his own side. (28386 M) Hazrat Ibn Yasar has also narrated similarly from the Noble Prophet (peace and blessings be upon him), but he said: Abdur Rahman, the brother of the slain, went to speak, so the Noble Prophet (peace and blessings be upon him) said:“Call, call the elder.”So their elder spoke, and the Messenger of Allah (peace and blessings be upon him) said:“You take fifty oaths, you will be entitled, or they will take fifty oaths for you?”The narrator says they submitted:“O Messenger of Allah (peace and blessings be upon him), how can we accept the oaths of disbelieving people?”So the Noble Prophet (peace and blessings be upon him) paid the blood money from his own side.

29632 - (And) (1) Abu Khalid said (2): Yahya ibn Sa'id informed me from (Ibn) (3) Yasar from the Prophet صلی اللہ علیہ وسلم (4) something similar to this except that he said: 'Abd al-Rahman, the brother of the slain, began to speak, so the Prophet صلی اللہ علیہ وسلم said: "The elder, the elder," so the (elder) (5) spoke, and the Messenger of Allah صلی اللہ علیہ وسلم said: "You will swear fifty ⦗249⦘ oaths and you will deserve (the blood money), or they will swear fifty oaths for you." They said: (O Messenger) (6) of Allah, how can (we accept) (7) the oaths of a people who are disbelievers? So the Prophet صلی اللہ علیہ وسلم paid the blood money from his own resources (8).

Hazrat Qasim bin Abdur Rahman narrates that two men came from Kufa to Hazrat Umar bin Khattab. They found him returning from the House of Allah (Baitullah) towards Mina. Both of them performed Tawaf of the House of Allah, then they met him and related their incident to him. They said, "O Commander of the Faithful! Our nephew has been killed." At first, Hazrat Umar did not pay attention to their words, then he said to them, "Let two just men testify against the killer. If they do not testify, then fifty men should swear that neither did we kill him nor do we know his killer, then you will receive the blood money (diyat)."

Hazrat Sufyan narrates that Hazrat Abu Ishaq said: A murdered person was found in the neighborhood of the tribe of Banu Salool. His guardians came and absolved the people of Banu Salool and filed a claim against the people of another neighborhood. Those tribe members brought the people of Banu Salool to Hazrat Shurayh, so he asked them about witnesses against the defendants.

Hazrat Mughira narrates that Ibrahim said: When a murdered person is found in any locality, fifty people from among them will be made to swear an oath, which will include those against whom the claim is made. And if those people are fewer than fifty, then the oath will be repeated among them according to the principle of first and foremost.

Hazrat Abu Ishaq narrates that Hazrat Harith bin Azma said: In Yemen, a man was found dead between the tribes of Wadi’ah and Arhab. The governor of Hazrat Umar bin Khattab wrote to him about this matter. Hazrat Umar replied to him, saying: Measure the distance between the two tribes to determine which tribe the deceased is closer to, and seize them. The narrator says: They measured and found the deceased to be closer to the tribe of Wadi’ah. The narrator says: So the governor seized the people of our tribe and made us responsible for the payment, and made us take an oath. We said, O Commander of the Faithful! Will you make us take an oath and also make us responsible for the payment of the penalty? He replied: Yes. The narrator says: So fifty men from among us swore by Allah: Neither did we kill, nor do we know the killer.