Claiming the Right to Qisas and Qasamah (taking an oath)
1230. Sahl bin Abi Khaithamah
narrated on the authority of some honored men from his people that :Abdullah bin Sahl and Muhaiysah bin Masud, went out to Khaibar because of a hardship they were undergoing. Muhaiysah came and told them that 'Abdullah bin Sahl had been killed and thrown into a well. He came to the Jews and said to them, '1 swear by Allah that you have killed him.' They replied, 'We swear by Allah that we have not killed him: Then Muhaiysah came along with his brother Huwaiysah and 'Abdur Rahman bin Sahl to the Prophet
and Muhaiysah started to talk. The Messenger of Allah
said to him, "Let an older one speak (take charge of this matter)." So Huwaiysah narrated what happened and then Muhaiysah spoke. The
Messenger of Allah
said,"Either they pay the Diyah of your companion or be ready for war." The Messenger of Allah
wrote to them about this and they wrote back saying, 'By Allah, we have not killed him.' The Messenger of Allah
then said to Huwaiysah, Muhaiysah and 'Abdur Rahman bin Sahl, "Would you take an oath (that they killed him) and then you will be entitled to the Diyah of your companion." They answered, 'No (as they did not witness the crime): The Messenger of Allah
then said, "Then the Jews should take an oath (that they are innocent)." They said, 'They are not Muslims: The Messenger of Allah
thereupon paid the Diyah of the victim himself and sent them 100 camels. Sahl commented, 'A red she-camel (of these 100
camels) kicked me.' Agreed upon.
1231. A man from the Ansar narrated that the Messenger of Allah
consented to the Qasamah (taking an oath that they did not kill the victim), 'which was practiced during the time of Jahiliyah (pre-Islam) and the Messenger of Allah
made a judgment between some men from the Ansar concerning a man who was killed and they claimed that the Jews had killed him.' Related by Muslim.