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

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."

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.

It was narrated that Ibn Al-Musayyab said: "Qasamah existed during the Jahiliyyah, then the Messenger of Allah confirmed it in the case of an Ansari who was found slain in the dry well of the jews, and Ansar said: "The Jews kill our companion."'

It was narrated from Sahl bin Abi Hathmah that: 'Abdullah bin Sahl and Muhayysah set out for Khaibar because of some problem that had arisen. Someone came to Muhayysah and he told him that 'Abdullah bin Sahl had been Killed and thrown into a pit, or a well. He came to the Jews and said: "By Allah, you killed him. " They said: "By Allah, we did not kill him."Then he went back to the Messenger of Allah and told him about that. Then he and Huwayysah - his brother who was older than him - and 'Abdur-Rahman bin Sahl, came (to the Prophet). Muhayysah, who was the one who had been at Khaibar, began to speak, but the messenger of Allah said: "Let the elder speak first," So Huwayysah elder speaks first." So Huwayysah spoke, then Muhayysah spoke. The Messenger of Allah said: "Either (the Jews) will pay the Diyah for your comanion, or war will be declared on them." The Messenger of Allah sent a letter to that effect (to the Jews) and they wrote back saying: "By Allah, we did not kill him." The Messenger of Allah said to Huwayysah. Muhayysah and 'Abdur-Rahman: "Will you swear an oath establishing your claim to the blood money of your companion?" They said: "No." He said: "Should the jews swear an oath for you? They said: "They are not Muslims." So the Messenger of Allah paid (the Diyah) himself, and he sent one hundred she-camels to their abodes. Sahl said: "A red she-camel from among them kicked me."

It was narrated from Abu Laila bin 'Abdullah bin 'Abdur-Rahman bin Sahl, from Sahl bin Abi Hathmah, that: he informed him, ans some men among the elders of his people, that "Abdullah bin Sahl and Muhayysah set out for Khaibar because of some problem that had arisen. Someone came to Muhayysah, and he told him that 'Abdullah bin Sahl had been killed and thrown into a pit or well. He came to the Jews and said: "By Allah, you killed him." They said: "By Allah, we did not kill him." Then he went baack to his people and told them about that. Then he and his brother Huwayysah, who was older than him, and 'Abdur-Rahman bin Sahl, came (to the prophet). Muhayysah, who was the one who had been at Khaibar, bnegan to speak, but the Messenger of Allah said: "Let the elder speak first." So Huwayysah spoke, then Muhayysah spoke. The Messenger of Allah said: "Either (the Jews) will pay the Diyah for your companion, or war will be declared on them." The Messenger of Allah sent a letter to that effect (to the Jews) and they wrote back saying: "By Allah, we did not kill him." The Messenger of Allah and 'Abdur-Rahman: "Will you swear an oath establishing your claim to the blood money of your companion?" They said: "No." He said: "Should the Jews swear an oath for you?" They said: "They are not Muslims." So the Messenger of Allah paid it himself, and he sent one hundred she-camels to their abodes. Sahl said: "A red she-camel from among them kicked me."

It was narrated from Yahya, from Bushair bin Yasa, from Sahl bin Abi Hathmah who said - and I think he said: and from Rafi bin Khadij, the two of them said - :"Abdullah bin Sahl bin Zaid and Muhayysah bin Mas'ud went out until when they reached Khaibar, they went their separate ways. Then Muhayysah found 'Abdullah bin Sahl slain, so he buried him. Then he came to the Mesenger of Allah, along with Huwayysah bin Mas'ud and 'Abdur-Rahman bin Sahl, who was the youngest of them, 'Abdur-Rahman started to speak before his two companions, but the Messenger of Allah said to him: "Let the clear speak first." So he fell silent and his two companions spoke, then he spoke with them. They told the Messenger of Allah about the killing of 'Abdullah bin Sahl, and he said to them: "Will you swear fifty oaths, then you will receive compensation, or be entitled to retaliate?" They said: "How can we swear an oath when we did not witness what happened?" he said: "Then can the Jews swear fifty oaths declaring their innocence?" They said: "How can we accept the oath of a disbelieving people?" When the Messenger of Allah saw that, he paid the blood money (himself).

It was narrated from Sahl bin Ab Hathmah and Rafi bin Khadij that: Muhayysah bin Mas'ud and 'Abdullah bin Sahl went to Khaibar for some need they had there, and they parted among the palm trees. 'Abdullah bin Sahl was killed, and 'Abdullah bin Sahl was killed, and his brother 'Abdur-Rahman bin Shl, and Huwayysah, and Musayysah, his paternal cousins, came to the Messenger of Allah. 'Abdur-Rahan spoke about his brother's case, but he was the youngest of them, so the Messenger of Allah said: "Let the elders speak first." So they spoke about their companions, and the Messenger of Allah said: Let fifty of your swear an oath." The said: "O Messenger of Allah, it is something that we did not witness: how can we swear an oath?" He said: "Then let the Jews swear fifty oaths to their innocence." They said: "O Messenger of Allah, they area) a disbelieving people," So the Messenger of Allah paid the blood money himself Sahl said: "I entered a Mirbad of theirs, and one of those camels kicked me."

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 Sahl bin Abi Hathmah that: 'Abdullah bin Sahi Al-Anasri and Muhayysah bin Mas'ud went out to Khaibar and went their separate ways to go about their business. 'Abdullah bin Sahl Al-Anasari was killed and Muhayysah. 'Abdur-Rahman, who was the brother of the victim, and Huwayysah, came to the Messenger of Allah. 'Abdur-Rahman started to speak, but the prophert said to him: "Let the elders speak first." So Muhayysah and Huwayysah spoke and told him about the case of 'Abdullah bin Sahl. The Messenger of Allah said: "Will you swear fifty oaths, then you will receive compensation or be entitled to retaliate?" They said: "How can we swear an oath when we did not witness (what happened) and we were not there?" The Messenger of Allah 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. (One of the narrators) Bushair said: 'One of those camels kicked me in a Mirbad of ours."'

It was narrated that Sahl bin Abi Hathmah said: "Abdullah bin Sahl was found slain, and his brother, and two paternal uncles, Huwayysah and Huwayisaah, who were the paternal uncles of 'Abdullah bin Sahl, came to the Messenger of Allah. 'Abdur-Rahman started to speak, but the Messenger of Allah said: "Let the elders speak first." They said: "O Messenger of Allah, we found 'Abdullah bin Sahl slain in one of the dry wells of Khaibar." The prophet said: "Whom do you suspect? They said: "We suspect the Jews." He said: "Will you swear fifty oaths saying that the Jews killed him?" They said: "How can we swear an oath about something that we did not see?" He said: "Then can the Jews swear fifty oaths declaring that they did not kill him?" They said:"How can we accept their oaths, when they are Mushrikun?" So the Messenger of Allah paid the blood money himself. (Sahih)Malik narrated this in Mursal from.

It was narrated from Bushair bin Yasar that: 'Abdullah bin Sahl Al-Ansari and Muhayysah bin Mas'ud went out to Khaibar, where they went their separate ways to go about their business. 'Abdullah bin Sahl was killed, and Muhayysah came (to Madinah) and went with his brother Huwayysah and 'Abdur-Rahman bin Sahl to the Messenger of Allah. 'Abdur-Rahaman started to speak, because of his position as brother (of the slain man) but the Messenger of Allah said: "Let the elders speak first." So Huyysah and Muhayysah spoken, and told him about what happened to 'Abdullah bin Sahl. The Messenger of Allah said to them: "Will you sewer fifty oaths, then you will receive compensation or be entitled to retaliate?" (In his narration) Malik said: "Yahya said: 'Bushair said that the Messenger of Allah paid the blood money himself, but Sa'eed bin 'Ubaid At-Ta'l disagreed with them (in reporting that).''

It was narrated from Sa'eed bin 'Ubaid At-Ta'l from Bushair bin Yasar who said: "A man from among the Ansar who was called Sahl bin Abi Hathmah told him that some of his people went to Khaibar, where they went their separate ways. Then they found one of their numbers slain. They said to those in whose land they found him: 'You killed our companion!' They said: 'We did not kill him and we do not know who killed him.' They went to the prophet of Allah and said: 'O Prophet of Allah, we went to Khaibar and we found one of our number slain.' The Messenger of Allah said: 'Let the elders speak first.' And he said to them: 'Bring proof of the one whom you suspect killed him.' They said: 'We do not have any proof.' He said: "Then let them swear an oath to you.' They said" 'We will not accept the oath of the Jews.' The Messenger of Allah did not want his blood to have been shed with no Justice done, so he paid a Diyah of one hundred camels from the Sadaqah." 'Amr bin Shu'aib differed with them.

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."

It was narrated from 'Abdullah that the Messenger of Allah said: "It is not permissible to shed the blood of a Muslim except in one of three cases: A soul for a soul, a adulterer who has been married, and one who separates leaving his religion."

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).

It was narrated from 'Alqamah binWa'il Al-Hadrami that his farther said: A man who had killed someone was brought to the Messenger of Allah, and he was brought by the heir of the victim. The Messenger of Allah said to him. 'Will you forgive him? He said: No.' He said: 'Will you kill him? He said: 'Yes.' He said: 'Go away.' Then when he went away, he called him back and said: will you forgive him?' He said: 'No.' He said: 'Will you accept the Diyah? He said: 'No.' He said: 'will you kill him? He said: 'Yes.' He said: 'Go away.' Then when he had gone he said: If you forgive him, he will carry your sin and the sin of your companion (the victim)." So he forgave him and let him go." He said: "And I saw him dragging his string."

It was narrated that Wa'il said: "I saw the Messenger of Allah when the heir of a victim brought the killer, leading him by a string. The Messenger of Allah said to the heir of the victim: Will you forgive him?' He said: 'No., He said: 'Will you accept Diyah?' He said: 'No.' He said: 'Will you kill him?' He said: 'Yes.' He said" 'Take him away (to kill him).' When he took him and turned away, he turned to those who were with him, and called him back, and said to him: 'Will you forgive him?' He said: No.' He said: 'Will you accept Diyah?' He said: No.' He said: 'Will you kill him?' He said: 'Yes.' He said: 'Take him away.' Then the Messenger of Allah said: 'If you forgive him, he will carry your sin and the sin of your companion (the victim).' So he forgave him and left him, and I was him dragging his string."

A similar report was narrated from 'Alqamah bin Wa'il from his father, from the Prophet. Yahya (one of the narrators) said: "He is better than him." [1]

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."

'Alqamah bin Wa'il narrated from his father that he was sitting with the Messenger of Allah when a man came leading another man by a string. He said: "O Messenger of Allah, this man killed my brother." The Messenger of Allah said to him: "Did you kill him?" He said: "O Messenger of Allah even if he did not confess I would have brought proof against him." He said: "Yes, I killed him." He said: "How did you kill him?" He said: "He and I were chopping firewood from a tree and he insulted me, so I got angry and struck him with the ax on the forehead." The Messenger of Allah said: "Do you have any wealth with which you can pay the Diyah to save yourself?" He said: "O Messenger of Allah, I do not have anything but my ax and my clothes." The Messenger of Allah said to him: "Do you think your people will pay to save you?" He said: "I am too insignificant to them for that." He threw the string to the man and said: "Here, thank him." When he turned to go, the Messenger of Allah said: "If he kills him, he will be like him. "They caught up with the man, and said: "Woe to you! The Messenger of Allah said: 'If he kills him, he will be like him. "So he went back to the Messenger of Allah and said: "O Messenger of Allah, I have been told that you said: 'if he kills him, he will be like him. 'But I only took him because you told me to. He said: 'Don't you want him to carry your sin and the sin of your companion (the victim)?' He said: 'Yes, if that is the case.' He said: 'And that is how it is."'

It was narrated from Simak bin Harb that 'Alqamah bin Wa'il told him that his father said: "I was sitting with the Messenger of Allah when a man came leading another" (and he narrated) a similar report.

It was narrated from 'Alqamah bin Wa'il that: his father told them that a man who had killed another man was brought to the Prophet and he handed him over to their of the victim to kill him. Then the Prophet said to those who were sitting with him: "The killer and the slain will both be in Fire. "A man went after him and told him that, and when he told him that, he left him (let him go). He (the narrator) said: "I saw him dragging his string when he let him go. I mentioned that the Habib and he said: 'Sa'eed bin Ashwa' told me that the Prophet commanded the man to forgive him."'

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.

It was narrated from 'Abdullah bin Buraidah, from the father, that a man came to the Prophet and said: "This man killed my brother." He said: "Go and kill him as he killed your brother." The man said to him: "Fear Allah and let me go, for that will bring you a greater reward and will be better for you and your brother on the Day of Resurrection." So he let him go. The Prophet was told about that, so he asked him about it, and he told him what he had said. He said: "Pardoning him would be better for you than what he would have done for you on the Day of Resurrection when he said: 'O Lord, ask him why he killed me."'

It was narrated from Simak, from 'Ikrimah, that Ibn 'Abbas said: "There were (the two tribes of) Quraizah and An-Nadir, and An-Nadir was nobler than Quraiaah. If a man of Quraizah Killed a man of An-Nadir, he would be killed in return, but if a man of An-Nadir killed a man of Quraizah, he would pay a Diyah of one hundred Wasqs of dates. When An-Nadir killed a man of Quraizah, and they said: 'Hand him over to us and we will kill him.' They said: 'Between us and you (as judge) is the Prophet.' So they came to him, then the following was revealed: "And if you judge, judge with justice between them."[3] Al-Qisl (justice) means a soul for a soul. Then the following was revealed: "Do they then seek the judgment of (the days of) Ignorance?"[4]

It was narrated from Dawud hin Al-Husain, from 'Ikrimah, from Ibn 'Abbas, that the Verses in AL-Ma'idah, in which Allah, the Mighty and Sublime, says: "Either judge between them, or turn away from them. If you turn away from then up to: those who act justly."[1] - were revealed concerning the matter of blood money between An-Nadir and Quraizah. That was because the slain of An-Nadir were of noble status, so the blood money would be paid in full for them, but for Banu Quraizah only half of the blood money would be paid. They referred the matter to the Messenger of Allah for judgment, then Allah, the Mighty and Sublime, revealed that concerning them, so the Messenger of Allah told them to do the right thing and he made the blood money equal.

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."

It was narrated from 'Ali, may Allah be please with him that the Prophet said: "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 covenant is in effect."