Abu Dawud

Islam has abolished only the evil customs of the Age of Ignorance (Jahiliyyah), not every custom. By the Prophet’s (sallallahu alayhi wa sallam) maintaining it, it is no longer merely a custom, but rather it has attained the status of a Shar‘i (legal) ruling.

The three narrators who relate this narration about Qasamah from Imam Zuhri are Yunus, Awza‘i, and Ma‘mar. The point of divergence is that when Yunus ibn Yazid and Imam Awza‘i narrated this hadith from Imam Zuhri, they narrated it as connected (mawsul), meaning that in their chain of transmission, the Companion of the Messenger of Allah (radi Allahu anhu) narrates directly from the Messenger of Allah (sallallahu alayhi wa sallam). However, Imam Ma‘mar ibn Rashid, in his chain, narrates from Sa‘id ibn al-Musayyib, the Tabi‘i, who then relates regarding the Messenger of Allah (sallallahu alayhi wa sallam). In this way, the hadith becomes mursal, that is, a Tabi‘i says that the Messenger of Allah (sallallahu alayhi wa sallam) did such and such. Despite this divergence, there is no effect on the authenticity of the aforementioned hadith, because both of them (Yunus and Awza‘i) are trustworthy and memorizers (huffaz), therefore, they are given precedence.

Its explanation is that the other narrators of hadith from Basheer bin Yasar have mentioned only the taking of oaths, not witnesses. However, Sa’eed bin Ubaid at-Ta’i, when narrating from Basheer bin Yasar (in Hadith: 4723), contrary to the other narrators, stated that the Messenger of Allah (sallallahu alayhi wa sallam), upon the claim of the claimants—i.e., Huwayyisah, Muhayyisah, and Abdur-Rahman—said to them: “Present witnesses for your claim that our man was killed by the Jews.” They replied that they had no witnesses. Thereafter, he (sallallahu alayhi wa sallam) spoke to them about oaths. Its details will be seen in the next narration.