Retaliation based on the qasamah

Ibn Abi Mulaykah said that Umar bin Abd al-Aziz and Sayyiduna Ibn al-Zubayr (may Allah be pleased with him) took retaliation through qasamah.

It is narrated from Ma'mar that al-Zuhri used to say: Indeed, retaliation may also be taken through qasamah.

Al-Qasim said that Sayyiduna Umar (may Allah be pleased with him) said: Indeed, qasamah makes only the blood money obligatory; it does not cause blood to be shed.

Al-Hasan al-Basri said that Sayyiduna Abu Bakr, Sayyiduna Umar (may Allah be pleased with them) and the first generation, all of them, did not execute anyone through qasamah.

Fudayl said that Ibrahim said: Taking retaliation through qasamah is injustice.

Sa'id said that Qatadah said: Qasamah establishes the right to blood money, but retaliation may not be taken because of it.

Abu Ma'shar said that al-Nakha'i said: Through qasamah one becomes entitled to blood money; retaliation may not be taken through it.

Ibn Abi Dhi'b said that al-Zuhri said: No one may be executed because of qasamah except one person.

Abu Qilabah said that Umar bin Abd al-Aziz one day brought out his throne before the people, then gave them permission, and they came in. Then he asked: "What do you say about qasamah?" The people reflected and said: "Taking retaliation through qasamah is a right, and the caliphs have taken retaliation through it."