Musannaf Ibn Abi Shaybah

Hazrat Abu Qalabah narrates that one day Hazrat Umar bin Abdul Aziz presented his throne before the people, then he gave them all permission and they came to him. He asked, "What do you people say about Qasamah?" The people began to think and said, "Taking Qisas (retribution) through Qasamah is rightful, and indeed the Caliphs took Qisas through it." Upon this, he said, "O Abu Qalabah! What do you say?" And it was he who had advised me regarding the people's consultation. I said, "O Commander of the Faithful! Among you are the noblemen of the Arabs and the leaders of the armies. What is your opinion if fifty men from among them testify against a man of Homs that he committed theft, even though they did not witness it—would you cut off his hand?" He replied, "No." I said, "The Messenger of Allah (peace and blessings be upon him) never killed anyone except for one of three reasons: a man who was killed for the sin of his soul, or a married man who committed adultery, or a man who fought against Allah and His Messenger (peace and blessings be upon him) and became an apostate from Islam."