It is narrated from Sayyiduna Abu Sa'id Khudri, may Allah be pleased with him, that the Messenger of Allah, peace and blessings be upon him, found a murdered person between two settlements. The Prophet, peace and blessings be upon him, ordered the distance between the two settlements to be measured. It is as if I can still see the handspan of the Messenger of Allah, peace and blessings be upon him. Then he held the nearer settlement responsible for the murder.
Hadith Takhrij«اسناده ضعيف جدا، لضعف ابي اسرائيل الملائي، وعطية العوفي۔ أخرجه البزار: 1534، والبيھقي في ’’السنن‘‘: 8/ 126، (انظر مسند أحمد ترقيم الرسالة: 11341 ترقیم بيت الأفكار الدولية: 11361»
Brief Explanation
Benefits: … The Noble Prophet sallallahu alayhi wa sallam maintained some principles and regulations from before Islam; among these is the regulation of Qasamah. Qasamah is a specific form of oath, and it is as follows: when a person is found murdered in a certain area, but the killer is unknown, or there is suspicion upon some people that they are involved in the murder, yet there is no evidence, then fifty oaths will be taken from the claimants. If they take these fifty oaths, they will be entitled to the blood money (diyah). And if they do not take these oaths, then fifty trustworthy men from the defendants will be made to swear that neither did they kill him nor do they know his killer. In such a case, the people of that area will be acquitted of the accusation of murder.