Musannaf Ibn Abi Shaybah 39199 — The time of Isha: Abu Hanifah said

Sulayman bin Yasar said: Qasamah is a truth. The Prophet (peace and blessings be upon him) gave judgment by means of it. The Ansar were present with him (peace and blessings be upon him) when one Ansari man among them left; then (afterwards) the rest of the Ansar also left his (peace and blessings be upon him) presence. Suddenly they saw their companion soaked in blood, so they returned to the Prophet (peace and blessings be upon him) and said: "The Jews have killed us," and they named one man among the Jews, but they had no witness. So the Prophet (peace and blessings be upon him) said to them: "Let there be two witnesses from other than you, so that I may hand the named man over to you." But they had no witness. He (peace and blessings be upon him) said: "Establish your right by fifty oaths, so that I may hand this man over to you." They said: "O Messenger of Allah (peace and blessings be upon him), we dislike swearing about something unseen." Then the Messenger of Allah (peace and blessings be upon him) intended to take fifty oaths from the Jews, but the Ansar said: "O Messenger of Allah (peace and blessings be upon him), the Jews do not care about oaths. When we accept this (the oaths over the slain man) from them, they will wipe us out to the last of us." So the Prophet (peace and blessings be upon him) paid the blood money of that slain man from his own means. It is mentioned that the view of (Imam) Abu Hanifah is: The oaths of those claiming the blood will not be accepted.