Nasai

(1) All previous laws, regulations, and religious codes before Islam have been abrogated; however, those laws, regulations, and rulings which the Messenger of Allah (sallallahu alayhi wa sallam) maintained, they still remain, and such rulings have the status of Islamic rulings. They are just as obligatory to follow as the other rulings of the Qur’an and Hadith.

(2) Swearing a false oath is a major sin. Its evil consequence inevitably befalls the one who swears (as befell the people mentioned in this hadith), whether this consequence occurs in this world or in the Hereafter, unless such a person sincerely repents.

(3) To unjustly kill a person is a destructive major sin. This crime is so grave that even in the era of ignorance (Jahiliyyah), people acknowledged its heinousness and made every effort to prevent it; however, the weak could not take retribution from the strong. Islam not only explained the abhorrence of this crime but also, along with encouragement and warning, established a law to prevent it. Regarding its heinousness, Allah the Exalted says:
﴿مَنْ قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الأرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا﴾ (al-Ma’idah: 32, 5)
“Whoever kills a soul unless for a soul or for corruption [done] in the land—it is as if he had slain mankind entirely. And whoever saves one—it is as if he had saved mankind entirely.”
And also, the Divine statement:
﴿وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا﴾ (al-Nisa’: 93, 4)
“And whoever kills a believer intentionally—his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment.”
How can a religion that considers the unjust killing of one person as the killing of all humanity ever encourage the spread of evil and corruption? The venom spewed in the media against Muslims is a conspiracy of the Jews and Hindus. Unfortunately, some of our so-called Muslims have also fallen prey to this false propaganda and, becoming tools of the disbelievers, are making despicable attempts to tarnish the bright face of Islam.

(4) Qasamah is a specific form of oath, and it is as follows: when a person is found murdered in an area but the killer is unknown, or there is suspicion that certain people are involved in the murder but there is no evidence, then fifty oaths are taken from the claimants. If they do not take the oaths, then fifty trustworthy men from the defendants are made to swear that neither did we kill him nor do we know the killer. In such a case, the people of that area are acquitted of the accusation of murder. In the incident mentioned, the killer was not confessing, and there was no eyewitness testimony, only a verbal message, so suspicion remained and oaths were taken from them. The claimants could not take the oaths because they had not witnessed the incident.

(5) Although Qasamah was a custom of the Jahiliyyah, since it was correct, Islamic law maintained it. It is still legislated.

(6) “He went among the camels” means he went on a journey with him, and there were camels with them.

(7) “Let not the camels be frightened”—the camels would become afraid due to things falling from the sack.

(8) “He was worthy of such treatment” because he belonged to a noble tribe.

(9) “He killed by mistake (khata’)” because his intention was not to kill, but merely to strike with a stick; however, it struck a sensitive spot which caused his death. In accidental killing (qatl khata’), retribution (qisas) is not taken, rather blood money (diyah) is taken.

(10) “They swore oaths”—meaning false oaths, because they knew that the killing was done by their man, but to avoid paying the blood money, they swore false oaths. Note that in accidental killing, the blood money is paid by the killer’s tribe.

(11) “Not a single eye blinked”—meaning none of them remained alive. The eye of a living person blinks. Perhaps Ibn Abbas (radi Allahu anhu) was told this incident directly by the Messenger of Allah (sallallahu alayhi wa sallam), which is why he narrated it with such strong emphasis and swore an oath.

(12) It is not necessary that every false oath has the same outcome. Sometimes this happens when Allah wishes to show a sign to His servants. Many such extraordinary events occurred before the advent of the Messenger of Allah (sallallahu alayhi wa sallam).

(13) This hadith also clearly indicates the greatness and sanctity of the Haram, and that whoever commits sins or the like within the Haram or its boundaries, Allah’s punishment descends upon him and he becomes a lesson for others.