The qasamah, and those who did not accept it

Yahya bin Abi Ishaq said: I heard Salim bin Abdullah speak when a group of Banu Layth had made ready to swear the next day in a case of qasamah. He said: "O servants of Allah! People will swear to something they did not see, at which they were not present, and to which they were not witnesses. If I had authority in this matter I would certainly punish them," or he said, "I would give them an exemplary punishment, or I would make them an example, and I would not accept their testimony."

Abu Qilabah said that Umar bin Abd al-Aziz one day brought out his throne before the people, then gave them all permission, and they came in to him. 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." At this he said: "What do you say, O Abu Qilabah?" And he set me up before the people. I said: "O Commander of the Believers, with you are the nobles of the Arabs and the commanders of the armies. What is your opinion: if fifty of them testified against a man in Hims that he had stolen, although they had not seen him, would you cut off his hand?" He said: "No."

I said: The Messenger of Allah (peace and blessings be upon him) never executed anyone except for one of three things: a man killed for the crime of his own self, or a man who commits adultery after being married (muhsan), or a man who wages war against Allah and His Messenger (peace and blessings be upon him) and apostatizes from Islam.