Musannaf Ibn Abi Shaybah 36076 — Al-Jabal: was it taken by treaty

Abu al-Ala' said: I was among those who conquered Tikrit. We made peace with them on condition that they set up a market for us and we would give them security. So they set up a market for us. Then someone killed a blacksmith of theirs, and their priest came to us and said: "Did you not give the covenant of your Prophet (peace and blessings be upon him), of your Commander of the Faithful and your own, and then you did not keep that covenant?" Our commander said: "Bring two upright witnesses against his killer and we will grant you retaliation; or if you wish, you may swear an oath and we will give you the blood money; or if you wish, we will swear an oath and in that case you will get nothing." So they appointed the next day for a meeting. Their priest came, praised and glorified Allah Almighty, spoke of the earth and the heavens, and mentioned the Day of Resurrection. Then he said: "Of all disputes, bloodshed will be judged first. The two sons of Adam (peace be upon him) will be the parties, and judgement will be given against one of them. Then the blood will be reckoned one after another until the matter reaches our companion and yours. The slain man will say to the killer: 'Why did you kill me?' Would you not like your companion to have this argument against our companion, that he can say: 'Your family after you took your blood money'?"