Hadith 1021
اُردوEn
وعن رجل من الأنصار : أن رسول الله صلى الله عليه وآله وسلم أقر القسامة على ما كانت عليه في الجاهلية وقضى بها رسول الله صلى الله عليه وآله وسلم بين ناس من الأنصار في قتيل ادعوه على اليهود. رواه مسلم.
A man from the Ansar narrated that The Messenger of Allah (ﷺ) consented to the Qasamah (taking an oath that they did not kill the victim), which was practiced during the time of Jahiliyah (pre-Islam) and the Messenger of Allah (ﷺ) made a judgment between some men from the Ansar concerning a man who was killed and they claimed that the Jews had killed him.’ Related by Muslim.
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه مسلم، القسامة، حديث:1670.»©Explanation:
➊ From this hadith, it is understood that the method of qasamah (oath-taking in cases of murder) was considered valid in the era of ignorance (Jahiliyyah), and then the Messenger of Allah (sallallahu alayhi wa sallam) maintained this same qasamah.
➋ The beginning of qasamah occurred in such a way that one person killed another; when the matter became serious, the killer denied it and said, "I did not commit the murder." At that point, Abu Talib stood up and presented three options before them: choose any one of the three—either pay us the blood money (diyah), or have fifty men swear oaths, or we will kill you. "You are indeed our killer." From that day, the practice of qasamah in cases of murder began and has continued unchanged to this day.
➌ If the defendants take the oaths, then by consensus, no blood money (diyah) is due from them.
➍ In this matter, the Shari‘ah has also accepted the oath of a disbeliever (kafir).
➎ It should be noted that the oaths will not be initiated merely at the claim of the plaintiff unless other suspicions support his claim.
➏ This hadith also shows that Islam has maintained the good practices from the era of ignorance (Jahiliyyah).
«أخرجه مسلم، القسامة، حديث:1670.»©Explanation:
➊ From this hadith, it is understood that the method of qasamah (oath-taking in cases of murder) was considered valid in the era of ignorance (Jahiliyyah), and then the Messenger of Allah (sallallahu alayhi wa sallam) maintained this same qasamah.
➋ The beginning of qasamah occurred in such a way that one person killed another; when the matter became serious, the killer denied it and said, "I did not commit the murder." At that point, Abu Talib stood up and presented three options before them: choose any one of the three—either pay us the blood money (diyah), or have fifty men swear oaths, or we will kill you. "You are indeed our killer." From that day, the practice of qasamah in cases of murder began and has continued unchanged to this day.
➌ If the defendants take the oaths, then by consensus, no blood money (diyah) is due from them.
➍ In this matter, the Shari‘ah has also accepted the oath of a disbeliever (kafir).
➎ It should be noted that the oaths will not be initiated merely at the claim of the plaintiff unless other suspicions support his claim.
➏ This hadith also shows that Islam has maintained the good practices from the era of ignorance (Jahiliyyah).
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1021
