Bukhari

Hadith Commentary:
When there are no witnesses to a murder and a corpse is found in a neighborhood or village, and suspicion falls upon its inhabitants, then fifty men are chosen from among them and made to swear an oath; this is called qasamah.
Anbasah was of the opinion that the Prophet (sallallahu alayhi wa sallam) did not prescribe the ruling of qasamah for those people, but rather exacted retribution (qisas) from them.
Anbasah’s objection was not correct, because in the case of the people of ‘Uraynah, the blood (guilt) had already been established against them, whereas qasamah is applied where there is no proof, only suspicion.
In the hadith, the tribe of ‘Uraynah is mentioned; this is the point of correspondence between the chapter and the hadith.
In the narration, the name of Umar ibn Abd al-Aziz (rahimahullah) is mentioned, who is famous by the title of the Just Caliph.
The entire Ummah is agreed upon his leadership, ijtihad, and knowledge of hadith and traditions; rather, he is acknowledged as the renewer (mujaddid) of Islam of his era.
Among his most important Islamic achievements is that he realized the need for the systematic compilation and writing of hadith.
Accordingly, he sent an order to his deputy, the governor of Madinah, Abu Bakr Hazmi, instructing him to compile the authentic hadiths of the Messenger of Allah (sallallahu alayhi wa sallam), because he feared the loss of knowledge and the people of knowledge.
Therefore, he ordered that the authentic books of hadith be collected and sent to him.
Abu Bakr Hazmi, in compliance with his order, gathered several collections of hadith, but was unable to deliver them to Umar ibn Abd al-Aziz (rahimahullah) during his lifetime.
However, the Just Caliph also appointed Ibn Shihab al-Zuhri to this task and ordered him to collect hadith.
Accordingly, he compiled numerous volumes and delivered them to the Caliph of the time.
He (Umar ibn Abd al-Aziz) sent multiple copies of these to various places within his realm.
Umar ibn Abd al-Aziz (rahimahullah) has been regarded as the fifth Caliph of the Rightly Guided Caliphate (khilafah rashidah).
Rahimahullah rahmatan wasi‘ah (may Allah have vast mercy upon him).

Hadith Commentary:
➊
When a corpse is found in a neighborhood or village and suspicion of murder falls upon its people, but no witnesses are found, then fifty men are selected from among them and made to swear oaths that they have no knowledge of the murder.
This procedure of taking oaths is called qasamah.
➋
Anbasah bin Sa‘id did not agree with this qasamah; he presented, in opposition, the incident of the ‘Uraniyyin, stating that the Messenger of Allah (sallallahu alayhi wa sallam) did not order qasamah in that case but rather exacted retribution (qisas) from them. However, this objection was not correct, because in the case of the people of ‘Urainah, the blood (guilt) had already been established against them, whereas qasamah is applied in situations where there is no proof or witness regarding the murder, only suspicion.
In the aforementioned incident, the people of the tribes of ‘Urainah and ‘Ukl conspired together, killed the shepherd of the camels, inflicted various tortures upon him, and then drove away the milch animals. Therefore, they were killed as retribution (qisas).
➌
Since this hadith referenced the ‘Uraniyyin, Imam Bukhari (rahimahullah) mentioned this hadith here, but in the upcoming Book of Blood Money (Kitab al-Diyat), he will discuss this hadith in detail under hadith number 6899.
We will write in detail about qasamah there, insha’Allah ta‘ala.