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

Ibn ʿAbbas reported that the first case of qasāmah (collective oaths in a homicide case) in pre-Islamic times involved a man from Banu Hashim who had hired a man from Quraysh to accompany his camels. A second man from Banu Hashim passed by with a broken strap on his pack and asked the hired man for a cord so the camels would not scatter. The hired man gave him a cord. Later, when the camels were tethered, one was left untethered because it had no cord. Asked where the cord had gone, the hired man explained that he had given it to the man from Banu Hashim. The employer struck that man with a stick, killing him over the cord. As he lay dying, a Yemeni man passed by. The victim asked whether he would attend the pilgrimage and, if so, deliver a message to Abu Talib: a named man had killed him over a cord. The hired man later told Abu Talib that the victim had fallen ill, died, and been buried. At the pilgrimage, the Yemeni delivered the message. Abu Talib offered the accused three choices: pay one hundred camels as compensation for the accidental killing, have fifty men from his people swear he had not killed the victim, or face retaliation. His people chose to swear. A woman from Banu Hashim asked that her son be excused from the fifty oaths, and Abu Talib agreed. Another man offered two camels in place of his oath, which Abu Talib accepted. The remaining forty-eight men swore. Ibn ʿAbbas said that within a year none of the forty-eight were still alive.

Abu Salamah and Sulayman ibn Yasar reported from an unnamed Companion of the Messenger of Allah, from the Ansar, that the Messenger of Allah upheld qasāmah as it had been practiced in pre-Islamic times.

Abu Salamah and Sulayman ibn Yasar reported from several Companions that qasāmah existed in pre-Islamic times and the Messenger of Allah upheld it. He applied it in a case involving an Ansari who had been killed and whose people accused the Jews of Khaybar. Maʿmar transmitted a differing version.

Saʿid ibn al-Musayyab reported that qasāmah existed in pre-Islamic times and that the Messenger of Allah upheld it in the case of an Ansari found murdered in a well belonging to the Jews. The Ansar said that the Jews had killed their companion.

Sahl ibn Abi Hathmah reported that ʿAbdullah ibn Sahl and Muhayyisah went to Khaybar because of hardship. Muhayyisah was told that ʿAbdullah had been killed and thrown into a small pit or well. He accused the Jews, but they swore they had not killed him. Muhayyisah returned to the Messenger of Allah with Huwayyisah, his older brother, and ʿAbd al-Rahman ibn Sahl. When Muhayyisah tried to speak first, the Prophet told him to let the elder speak. Huwayyisah and then Muhayyisah spoke. The Prophet said that the Jews must either pay blood compensation for the victim or face war. They denied the killing in a letter. The Prophet asked the three men whether they would swear fifty oaths to establish their claim. They refused, since they had not witnessed the killing. He asked whether the Jews should swear fifty oaths for their acquittal; they objected that the Jews were not Muslims. The Messenger of Allah paid the blood compensation himself and sent them one hundred she-camels. Sahl said that one red she-camel kicked him.

Sahl ibn Abi Hathmah reported, with several elders of his people, that ʿAbdullah ibn Sahl and Muhayyisah went to Khaybar because of hardship. Muhayyisah was told that ʿAbdullah had been killed and thrown into a pit or well. He accused the Jews, who denied it. He returned to his people, then came to the Messenger of Allah with his older brother Huwayyisah and ʿAbd al-Rahman ibn Sahl. The Prophet told the younger ʿAbd al-Rahman to let the elders speak first. After hearing them, the Prophet said the Jews must either pay blood compensation or face war. They denied the killing. The Prophet asked the claimants whether they would swear to establish their claim; they declined. He asked whether the Jews should swear for their acquittal, but they objected that they were not Muslims. The Messenger of Allah paid the blood compensation himself with one hundred she-camels. Sahl said one red camel kicked him.

Sahl ibn Abi Hathmah reported, and he thought Rafiʿ ibn Khadij also reported, that ʿAbdullah ibn Sahl ibn Zayd and Muhayyisah ibn Masʿud went to Khaybar and separated to attend to their affairs. Muhayyisah found ʿAbdullah murdered, buried him, and went to the Messenger of Allah with Huwayyisah ibn Masʿud and ʿAbd al-Rahman ibn Sahl, the youngest. The Prophet told ʿAbd al-Rahman to let the eldest speak first. After hearing them, he asked whether they would swear fifty oaths to establish their claim or identify the killer. They said they had not witnessed the killing. He asked whether the Jews should swear fifty oaths to clear themselves. They asked how they could accept the oaths of unbelievers. The Messenger of Allah then paid the blood compensation.

Sahl ibn Abi Hathmah and Rafiʿ ibn Khadij reported that Muhayyisah ibn Masʿud and ʿAbdullah ibn Sahl went to Khaybar and separated among the palm groves. ʿAbdullah was killed. His brother ʿAbd al-Rahman and his cousins Huwayyisah and Muhayyisah came to the Messenger of Allah. When the youngest, ʿAbd al-Rahman, began to speak first, the Prophet told the elders to speak first. He then asked whether fifty of them would swear oaths to establish their claim about the victim or identify the killer. They said they had not witnessed what happened. He asked whether the Jews would swear fifty oaths to clear themselves. They said they could not accept the oaths of unbelievers, so the Messenger of Allah paid the blood compensation himself. Sahl said that one of the camels kicked him.

Sahl ibn Abi Hathmah reported that ʿAbdullah ibn Sahl and Muhayyisah ibn Masʿud ibn Zayd went to Khaybar, which was under a peace treaty, and separated to attend to their affairs. Muhayyisah found ʿAbdullah lying dead in his blood and buried him. He then came to the Messenger of Allah with ʿAbd al-Rahman ibn Sahl and Huwayyisah and Muhayyisah. When the youngest, ʿAbd al-Rahman, tried to speak first, the Prophet told the elders to speak first. They described the killing. The Prophet asked whether they would swear fifty oaths and thereby establish their claim about the victim or the killer. They said they had neither witnessed nor seen the killing. He asked whether the Jews would swear fifty oaths to clear themselves. They asked how they could accept the oaths of an unbelieving people. The Messenger of Allah paid the blood compensation himself.

Sahl ibn Abi Hathmah reported that ʿAbdullah ibn Sahl and Muhayyisah went to Khaybar, which was under a peace treaty, and separated to attend to their affairs. Muhayyisah found ʿAbdullah lying dead in a pool of blood and buried him. In Medina, ʿAbd al-Rahman ibn Sahl and the two sons of Masʿud, Huwayyisah and Muhayyisah, came to the Messenger of Allah. Since ʿAbd al-Rahman was the youngest, the Prophet told him to let the elders speak first. They did so. The Prophet asked whether they would swear fifty oaths and establish a claim against the killer. They asked how they could swear when they had neither witnessed nor seen the killing. He asked whether the Jews would swear fifty oaths to clear themselves. They asked how they could accept the oaths of unbelievers. The Messenger of Allah paid the blood compensation himself.

Sahl ibn Abi Hathmah reported that ʿAbdullah ibn Sahl al-Ansari and Muhayyisah ibn Masʿud went to Khaybar and separated to attend to their affairs. ʿAbdullah was killed. Muhayyisah, the brother ʿAbd al-Rahman, and Huwayyisah came to the Messenger of Allah. The youngest began to speak, but the Prophet told him to let the elders speak first. Muhayyisah and Huwayyisah described the case. The Prophet asked whether they would swear fifty oaths and establish a claim against the killer. They said they had not witnessed or been present at the killing. He asked whether the Jews would swear fifty oaths to clear themselves. They asked how they could accept the oaths of unbelievers. The Messenger of Allah paid the blood compensation himself. Bushayr said that Sahl told him one of the camels kicked him in their enclosure.

Sahl ibn Abi Hathmah reported that ʿAbdullah ibn Sahl was found murdered. His brother and paternal uncles, Huwayyisah and Muhayyisah, came to the Messenger of Allah. The Prophet told the youngest, ʿAbd al-Rahman, to let the elders speak first. They said they had found ʿAbdullah killed in one of the wells of Khaybar and suspected the Jews. The Prophet asked whether they would swear fifty oaths that the Jews had killed him. They said they had not seen what happened. He asked whether the Jews would swear fifty oaths that they had not killed him. They asked how they could accept the oaths of polytheists. The Messenger of Allah paid the blood compensation himself. Malik transmitted this report with a disconnected chain.

Bushayr ibn Yasar reported that ʿAbdullah ibn Sahl al-Ansari and Muhayyisah went to Khaybar and separated to attend to their affairs. ʿAbdullah was killed. Muhayyisah went to the Messenger of Allah with his brother Huwayyisah and ʿAbd al-Rahman ibn Sahl. The Prophet told ʿAbd al-Rahman to let the elders speak first. Huwayyisah and Muhayyisah described what happened. The Messenger of Allah asked whether they would swear fifty oaths and establish a claim about the victim or identify the killer. Malik related from Yahya that Bushayr said the Messenger of Allah paid the blood compensation himself; Saʿid ibn ʿUbayd al-Taʾi differed with them.

Saʿid ibn ʿUbayd al-Taʾi reported from Bushayr ibn Yasar, who said that Sahl ibn Abi Hathmah told him some of his people went to Khaybar and separated there. They found one of their group murdered and accused those living nearby, who denied killing him or knowing who had. They went to the Prophet, who told the elders to speak first and asked them to bring proof identifying the killer. They had none. He said the accused could swear, but they refused to accept the oaths of the Jews. The Messenger of Allah did not want the victim blood to go without redress, so he paid one hundred camels from the charity funds. ʿAmr ibn Shuʿayb transmitted a differing account.

ʿAmr ibn Shuʿayb reported from his father, from his grandfather, that the younger son of Muhayyisah was found murdered at the gates of Khaybar. The Messenger of Allah said, “Bring two witnesses against the person who killed him, and I will hand him over to you completely.” The man replied that he could not find two witnesses, since his son had merely been found murdered at their gates. The Prophet asked whether he would swear fifty oaths of qasāmah. He asked how he could swear about something he did not know. The Prophet asked whether they should obtain fifty oaths from the Jews. He objected that they were Jews. The Messenger of Allah assigned the blood compensation among them and contributed half of it.

ʿAbdullah reported that the Messenger of Allah said, “The life of a Muslim may not be taken except in one of three cases: a life for a life, a married person who commits adultery, or one who abandons his religion and separates from the community.”

Abu Hurayrah reported that a man was killed during the time of the Messenger of Allah. The killer was brought to the Prophet, who handed him over to the heir of the victim. The killer swore that he had not intended to kill the man. The Messenger of Allah told the heir that if the killer was telling the truth and the heir killed him, he would enter the Fire. The heir then released him. The man had been bound with a strap and left dragging it, so he became known as the man with the strap.

ʿAlqamah ibn Waʾil al-Hadrami reported from his father that a killer was brought to the Messenger of Allah by the heir of the victim. The Prophet asked whether he would pardon the killer; he said no. Asked whether he would kill him, he said yes, and the Prophet told him to go. The Prophet called him back and again asked whether he would pardon the killer or accept blood money; he refused both and said he would kill him. The Prophet again told him to go, then warned that if he pardoned the killer, the killer would bear his own sin and that of the victim. The heir pardoned him and released him. The narrator saw the man leave dragging his strap.

Waʾil reported: “I saw the Messenger of Allah when the heir of the victim brought the killer, leading him by a strap. The Prophet asked whether he would pardon him; he said no. Asked whether he would accept blood money, he again said no, and said he would kill him. The Prophet told him to take the killer away. When they turned to leave, he called them back and repeated the questions. The heir again refused pardon and blood money and chose to kill him. The Messenger of Allah then said that if he pardoned the killer, the killer would bear his own sin and that of the victim. The heir pardoned him and released him. I saw the man leave dragging his strap.”