The Book of Oaths (qasamah), Retaliation and Blood Money

كتاب القسامة

Chapter 1: Qasamah During The Jahiliyyah

It was narrated that Ibn 'Abbas said

"The first instance of Qasamah during the Jahiliyyah involved a man from Banu Hashim who was employed by a man from Quraish, from another branch of the tribe. He went out with him, driving his camels and another man from Banu Hashim passed by them. The leather rope of that man's bag broke, so he said (to the hired worker): 'Help me by giving me a rope with which to tie the handle of my bag, lest the camels run away from me. 'So he gave him a rope and he tied his gab with it. When they halted, all the camels' legs were hobbled except one camel. The one who had hired him said: 'Why is his camel, out of all of them, not hobbled? He said: 'There is no rope for it. He said: 'Where is its rope? He said: A man from Banu Hashim passed by and the leather rope of his bag had broken, and he asked me to help him; he said: "Help me by giving me a rope with which to tie the handle of my bag lest the camels run away from me, so I gave him a rope . " He struck him with a stick, which led to his death.Then a man from Yemen passed by him (the man from Banu Hashim, (the man from Banu Hashim, just before he died) and he (the Hashimi man) said: 'Are you going to attend the Pilgrimage? He said: 'I do not think I will attend it, but perhaps I will attend it.' He said: 'Will you convey a message from me once in your lifetime? He said: 'Yes. 'He said: 'If you attend the pilgrimage, then call out, O family of Quraish! If they respond, then call out, O family of Hashim! If they respond, then ask for Abu Talib, and tell him that so and so killed me for a rope.' Then the hired worker died. When the one who had hired him cam, Abu Talib went to him and said: 'What happened to our companion? He said: 'He fell sick and I took good care of him, but he died, so I stopped and buried him.' He said: 'He deserved that from you. 'Some time passed, then the Yemeni man who had been asked to convey the message arrived at the time of the pilgrimage. He said: 'O family of Quraish! And they said: 'Here is Quraish.' He said: 'O family of Banu Hashim! They said: 'Here is Banu Hashim.' He said" 'Where is Abu Talib? He said: 'Here is Abu Talib.' He said: 'so and so asked me to convey a message to you, that so and so killed him for a camel's rope.' Abu Talib went to him and said" 'Choose one of three alternatives that we are offering you. If you wish, you may give us one hundred camels, because you killed our companion by mistake: or if you wish, fifty of your men may swear an oath that you did not kill him; or if you wish, we will kill you in retaliation. 'He went to his people and told them about that, and they said: 'We will swear the oath.' Then a woman from Banu Hashim, who was married to one of their men and had born him a child, came to Abu Talib and said:' O Abu Talib, I wish that my son, who is one of these fifty men, should be excused from having to take the oath., So the excused him. Then one of the men came to him and said: 'O Abu Talib, you want fifty men to take the oath in lieu of one hundred camels, which means that each man may give two camels instead, so here are two camels; take them from me, and do not make me take the oath.' So he accepted them, and did not make him take the oath. Then forty-eight men came and took the oath." Ibn 'Abbas said: "By the One in Whose hand is my soul, by the time a year has passed, none of those forty-eight men remained alive."

Chapter 2: Qasamah

Abu Salamah and Sulaiman bin Yasar narrated from one of the Companions of the Messenger of Allah, one of the Ansar, that

the Messenger or Allah approved of Qasamah as it had been during the Jahiliyyah.

it was narrated from Abu Salamah and Sulaiman bin Yasar, from some of the Companions of the Messenger of Allah, that

Qasamah existed during the Jahiliyyah and the Messenger of Allah approved of it as it had been during the Jahiliyyah, and he ruled accordingly among some of the Ansar concerning a victim whom they claimed the Jews of Khaibar had Killed. (Sahih)Ma'mar contradicted the two of them.

Chapter 4: Mentioning The Different Wordings In The Report Of Sahl

It was narrated from Sahi bin Abi Hathmah that

'Abdullah bin SAahi and Nubayysah bin Mas'ud bin Zaid went o Khaibar, and at that time there was peace treaty. They went their separate ways to about their business, then Muhayysah came upon 'Abdullah in Sahl lying dead in a pool of blood. He buried him, then he came to AL-Madinah. 'Abdur-Rahman bin Sahi. Huwayysah, and Muhayysah came to the Messenger of Allah, and 'Abdur-Rehman started to speak, but he was the youngest of them, so the Messenger of Allah said: "Let the elders speak first." So he fell silent and they (the other two) spoke. The Messenger of Allah said: "Will you swear fifty oaths, then you will receive compensation or be entitled to retaliate?" They said: "O Messenger of Allah, how can we swear an oath when we did not witness, and did not see (what happened)?" He said: "The n can the Jews swear fifty oaths declaring their innocence?" They said: "O Messenger of Allah, how can we accept the oath of a disbelieving people?" So the Messenger of Allah paid the blood money himself.

It was narratd that Sahl bin Abi Hatmah said

"Abdullah bin Sahl and Muhayysah bin Mas'ud bin Zaid went to Khaibar, and at that time there was a peace treaty. They went their separatea ways to go about their business, then Muhayysah came upon 'Abdullah bin Sahl lying dead in a pool of blood. He buried him, then he camae to Al-Madinah. 'Abdur-Rahman bin Sahl and Huwhayysah, and Muhayysah, the tow sons of Nas'ud, came to the Messenger of Allah, and "Abdur-Rahman started to speak, but the Messenger of Allah said: "Let the elders speak first," for he was the youngest of them. So he fell silent and they (the other two) spoke. The Messenger of Allah said: "Will you sear fifty oaths, then you will receive compensation or be entitled to retaliate?" They said: "O Messenger of Allah, how can we a wear and oath when we did not witness and did not see (what happened)" He said: "Then can the Jews swear fifty oaths declaring their innocence?" They said: "O Messenger of Allah, how can we accept the oath of a disbelieving people?" So the Messenger of Allah paid the blood money himself.

It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that

the younger son of Muhayysah was found slain one morning at the gate of one morning at the gates of Khaibar. The Messenger of Allah said: "Bring two witnesses to (say) who killed him, and he will hand him over to you." He said: "O Messenger of Allah, where shall I get two witnesses? He was found slain in the morning at their gates." He said: "Will you swear fifty oaths?" He said: "O Messenger of Allah, how can I swear concerning something I do not know?" The Messenger of Allah said: "Then will you accept fifty oaths from them?" He said: "O Messenger of Allah, how can we accept their oaths when they are Jews?" So the Messenger of Allah told them (the Jews) to pay the Diyah and he would help them with half."

Chapter 5: Retaliation

It was narrated that Abu Hurairah said

"A man was killed during the time of the Messenger of Allah, and the Killer was brought to the Prophet. He handed him over to the heir of the victim, but the killer said: 'O Messenger of Allah, by Allah I did not means to kill him.' The Messenger of Allah said to the next of kin: 'If he is telling the truth and you kill him, you will go to the Fire.' So he let him go. He had been tied with a string and he went out dragging his string, so he became known as Dhul-Nis'ah (the one with the string).

Chapter 6: Mentioning The Differences Reported In The Narration Of 'Alqamah Bin Wa'il

It was narrated from 'Alqamah bin Wa'il that his father said

"I was sitting with the Messenger of Allah when a man came with a string around his neck and said: 'O Messenger of Allah, this man and my brother were digging a hole, and he raised his pickax and struck his companion in the head, Killing him. 'The Prophet said: 'Forgive him,' but he refused and said: 'O Prophet of Allah, this man and my brother were digging a whole, and he raised his pickax and struck his companion in the head, killing him.' The Prophet said: 'Forgive him,' but he refused, then he stood up and said: 'O Messenger of Allah, this man and my brother were digging a hole, and he raised his pickax and struck his companion in the head, killing him.' The Prophet said: 'Forgive him,' but he refused. He (the prophet) said: 'Go, but if you kill him, you will be like him. So he took him out, and they called out to him: Didn't you hear what the Messenger of Allah said?' So he came back and he said: 'If I kill him will I be like him?' He said: 'Yes. Forgive him.' Then he went out, dragging his string, until he disappeared from our view."

It was narrated from Ans bin Malik that a man brought the killer of his kinsman to the Messenger of Allah and the Prophet said

"Forgive him." But he refused. He said: "Take the Diyah," but he refused. He said: "Go and kill him then, for you are just like him." So he went away, but some people caught up with the man and told him that the Messenger of Allah had said: "Messenger of Allah had said: "Kill him for you are just like him." So he let him go, and the man passed by me dragging his string.

Chapter 9: Cases Of Retaliation Between Free Men And Slaves

It was narrated that Qais bin 'Ubad said

"Al-Ashtar and I went to 'Ali, may Allah be pleased with him, and said: Did the Prophet of Allah tell you anything that he did not tell to all the people?' He said: 'No, except what is in this letter of mine.' He brought out a letter from the sheath of his sword and it said therein: "The lives of the believers are equal in value, and they are one against others, and they hasten to support the asylum granted by the least of them. But no believer may be killed in return for a disbeliever, nor one with a covenant while his convenant is in effect. Whoever commits an offense then the blame is on himself, and whoever gives sanctuary to an offender, then upon him will be the curse of Allah, the angels and all the people."

Chapter 12: Retaliation If A Man Kills A Woman

It was narrated from Anas that

a Jew killed a young girl for her jewelry, so the Messenger of Allah killed him in retaliation for her.

It was narrated from Anas bin Malik that

a Jew took some jewelry from a girl, then he crushed her head between two rocks. They found her as she was breathing her last, and they took her around among the people (saying); "Was it this one? Was it this one?" (When) she said yes, the Messenger of Allah ordered that his head be crushed between two rocks.

Chapter 13: No Retaliation Is To Be Carried Out If A Muslim Kills A Disbeliever

It was narrated from 'Aishah, the Mother of the Believers, that the Messenger of Allah said

"It is not permissible to kill a Muslim except in one of three cases: A adulterer who has been married, who is to be stoned; a man who kills a Muslim deliberately; and a man who leaves Islam and wages war against Allah, the Mighty and Sublime, and His Messenger, who is to be killed, crucified or banished from the land."

It was narrated that Ash-Sha'bi said

"I heard Abu Juhaifah say: 'We asked 'Ali: "Do you have anything from the Messenger of Allah apart from the Qur'an?" He said: "No, by the One who splits the seeds and creates the soul, unless Allah gives a slave understanding of His Book, or except this sheet." I said: "What is in the sheet?" He said: "In it are (the regulations concerning) blood money and the freeing of captives and (the rule) that no Muslim should be killed for killing a disbeliever."

Chapter 14: Seriousness Of Killing The One With A Covenant (Al-Mu'ahad)1

It was narrated that 'Abdullah bin 'Amr said

"The Messenger of Allah said: 'Whoever kills a person from among Ahl Adh-Dhimmah, he will not smell the fragrance of Paradise, and its fragrance may be detected from a distance of forty years."

Chapter 20: Mentioning The Differences Reported From 'Ata' In This Hadith

It was narrated from Safwan bin 'Abdullah that his two paternal uncles, Salamah and Ya'la, the sons of Umayyah, said

"We went out with the Messenger of Allah on the campaign of Tabuk, and there was a friend of ours with us, who fought with a man from among the Muslims. The man bit him on the forearm, so he pulled it away from his mouth and a tooth fell out. The man came to the Prophet, seeking blood money, but his brother and bite him like a stallion bites, then come and demand blood money? There is no blood money for that." And the Messenger of Allah juddgedit to be invalid.

It was narrated from Safwan bin Ya'la that his father said

"I went on the campaign to Tabuk with the Messenger of Allah, and I hired a worker. My hired man fought with another man. The other one bit him, and his front tooth fell out. He went to the Prophet and told him about that, but the Prophet considered it to bin vain.

It was narrated that Ya'la bin Umayyah said

"I went on a campaign with the Messenger of Allah in the Army of Hardship, and this was the deed of which I was most sure. I had a hired man who fought with another person. One of them bit the finger of the other, who pulled his finger away and a front tooth fell out. He went to the Prophet who considered the tooth to be in vain, and said: "Would he put his hand in your mouth for you to bite it?"

It was narrated from Safwan bin Ya'la that

his father wen on the campaign of Tabuk with the Messenger of Allah, and he hired a man who fought with another man. The man bit his forearm, and when it hurt him, he pulled it away, and the man's front tooth fell out. The matter was referred to the Messenger of Allah who said: "Would one of you deliberately bit his brother as a stallion bites?" And he judged it to be invalid.