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‏القسامة والمحاربين والقصاص والديات‏ (The Book of the Oath, Requital, Blood-Money and Those Who Wage War)
CHAPTER: AL-OASAMAH  

No. 4119

Sahl b. Abu Hathma and Rafi' b. Khadij reported that 'Abdullah b. Sahl b. Zaid and Muhayyisa b. Mas'ud b. Zaid went out and as they reached Khaibar they were separated. Then Muhayyisa found 'Abdullah b. Sahl having been killed. He buried him, and then came to Allaah's Messenger (sallAllaahu alayhi wa sallam). They were Huwayyisa b. Mas'ud and 'Abd al-Rahman b. Sahl, and he (the latter one) was the youngest of the people (those three who had come to seek an interview with the Prophet) began to talk before his Companions (had spoken). Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: The eldest one (eldest in regard to age should speak). So he kept quiet, and his companions (Muhayyisa and Huwayyisa) began to speak, and he ('Abd al Rahman) spoke along with them and they narrated to Allaah's Messenger (sallAllaahu alayhi wa sallam) the murder of 'Abdullah b. Sahl. Thereupon he said to them: Are you prepared to take fifty oaths so that you may be entitled (to blood-wit) of your companion (or your man who has murdered)? They said: How can we take an oath on a matter which we have not witnessed? He (the Prophet) said: Then the Jews will exonerate themselves by fifty oaths. They said: How can we accept the oaths of people who are unbelievers? When Allaah's Messenger (sallAllaahu alayhi wa sallam) saw that, he himself paid his blood-wit.

No. 4120

Sahl. b. Abu Hathma and Rafi' b. Khadij reported that Muhayyisa b. Mas'ud and 'Abdullah b. Sahl went towards Khaibar and they separated near the palm-trees. 'Abdullah b. Sahl was killed. They accused the Jews (for this act). And there came to Allaah's Prophet (sallAllaahu alayhi wa sallam) his brother (the brother of the slain person) 'Abd al-Rahman and his cousins Huwayyisa and Muhayyisa; and 'Abd al-Rahman talked to him about the matter pertaining to (the murder of) his brother, and he was the youngest among them. Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Show regard for the greatness of the old, or he said: Let the eldest begin speaking. Then they (Huwayyisa and Muhayyisa) spoke about the matter of their companion (murder of their cousin, 'Abdullah b. Sahl). Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Let fifty (persons) among you take oath for levelling the charge (of murder) against a person amongst them, and he would be surrendered to you. They said: We have not witnessed this matter ourselves. How can we then take oath? He (the Prophet) said: The Jews will exonerate themselves by the oaths of fifty of them. They said: Messenger of Allaah, they are non-believing people. Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) paid the blood wit for him. Sahl said: As one day I entered the fold a she-camel amongst those camels hit me with its leg.

No. 4121

Sahl b. Abu Hathma has narrated this hadith through another chain of transmitters with a slight variation of words, but no mention has been made of the hitting by the she-camel.

No. 4122

This hadith has been narrated on the authority of Sahl b. Abu Hathma through another chain of transmitters.

No. 4123

Bushair b. Yasar reported that 'Abdullah b. Sahl b. Zaid and Muhayyisa b. Mas'ud b. Zaid, both of them were Ansar belonging to the tribe of Banu Haritha, set out to Khaibar during the lifetime of Allaah's Messenger (sallAllaahu alayhi wa sallam). There was peace during those days and (this place) was inhabited by the Jews. They parted company for their (respective) needs. 'Abdullab b. Sahl was killed, and his dead body was found in a tank. His companion (Muhayyisa) buried him and came to Medina, and the brothers of the slain 'Abd al-Rahman b. Sahl. and Muhayyisa and Huwayyisa told Allaah's Messenger (sallAllaahu alayhi wa sallam) the case of 'Abdullah and the place where he had been murdered. Bushair reported on the authority of one who had seen Allaah's Messenger (sallAllaahu alayhi wa sallam) that he had said to them: You take fifty oaths and you are entitled to blood-wit of (one) slain among you (or your companion). They said: Messenger of Allaah, we neither saw (with our own eyes this murder) nor were we present there. Thereupon (Allaah's Messenger is reported to have said): Then the Jews will exonerate themselves by taking fifty oaths. They said: Allaah's Messenger, how can we accept the oath of unbelieving people? Bushair said that Allaah's Messenger (sallAllaahu alayhi wa sallam) paid the blood-wit himself.

No. 4124

Bushair b. Yasar reported that a person from the Ansar belonging to the tribe of Banu Haritha who was called 'Abdullah b. Sahl b. Zaid set out and the son of his uncle called Muhayyisa b. Mas'ud b. Zaid, the rest of the hadith is the same up to the words:" Allaah's Messenger (sallAllaahu alayhi wa sallam) paid the blood-wit himself." Bushair b. Yasar reported that Sahl b. Abu Hathma said: One camel amongst the camels paid as blood-wit kicked me while I was in the (camel) enclosure.

No. 4125

Bushair b. Yasar al-Ansari reported on the authority of Sahl b. Abu Hathma al-Ansari that some men (of his tribe went to Khaibar, and they were separated from one another, and they found one of them slain. The rest of the hadith is the same. And it was said in this connection: Allaah's Messenger (sallAllaahu alayhi wa sallam) did not approve of his blood go waste. He paid blood-wit of one hundred camels of Sadaqa.

No. 4126

Abu Laila 'Abdullah b. 'Abd al-Rahman b. Sahl reported that the elderly persons of (the tribe) had informed Sahl b. Abu Hathma that 'Abdullah b. Sahl and Muhayyisa went out to Khaibar under some distress which had afflicted them. Muhayyisa came and informed that Abdutlah b. Sahl had been killed, and (his dead body) had been thrown in a well or in a ditch. He came to the Jews and said: By Allaah, it is you who have killed him. They said: By Allaah, we have not killed him. He then came to his people, and made mention of that to them. Then came he and his brother Huwayyisa, and he was older than he, and 'Abd al-Rahman b. Sahl. Then Muhayyisa went to speak, and it was he who had accompanied ('Abdullah) to Khaibar, whereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said to Muhayyisa: Observe greatness of the great (he meant the seniority of age). Then Huwayyisa spoke and then Muhayyisa also spoke. Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: They should either pay blood-wit for your companion, or be prepared for war. Allaah's Messenger (sallAllaahu alayhi wa sallam) wrote about it to them (to the Jews). They wrote: Verily, by Allaah, we have not killed him. Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said to Huwayyisa and Muhayyisa and Abd al-Rahman: Are you prepared to take oath in order to entitle yourselves for the blood-wit of your companion? They said: No. He (the Prophet) said: Then the Jews will take oath (of their innocence). They said: They are not Muslims. Allaah's Messenger (sallAllaahu alayhi wa sallam), however, himself paid the blood-wit to them and sent to them one hundred camels until they entered into their houses, Sahl said: One red she-camel among them kicked me.

No. 4127

Sulaiman b. Yasar, the freed slave of Maimuna, the wife of Allaah's Prophet (sallAllaahu alayhi wa sallam), narrated from one of the Ansari Companions of Allaah's Messenger (sallAllaahu alayhi wa sallam) that Allaah's Messenger (sallAllaahu alayhi wa sallam) retained (the practice) of Qasama as it was in the pre-Islamic days.

No. 4128

This hadith has been narrated on the authority of Ibn Shihab with the same chain of transmitters but with this addition:" Allaah's Messenger (sallAllaahu alayhi wa sallam) decided (according to Qasama) between the persons of Ansar (and yours) about a slain (Muslim) for which they made claim against the Jews

No. 4129

This hadith has been narrated on the authority of Abu Salama b. 'Abd al-Rahman and Sulaiman b. Yasar.




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