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سنن دارمي
Darimi
من كتاب الدياتFrom the Book of Blood Money
باب في الْقَسَامَةِ:Chapter: Oath of Qasamah (Collective Oath in Murder Cases)
Hadith 2390
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ الرَّقَاشِيُّ، حَدَّثَنَا يَزِيدُ بْنُ زُرَيْعٍ، حَدَّثَنَا مُحَمَّدُ بْنُ إِسْحَاق، حَدَّثَنَا بُشَيْرُ بْنُ يَسَارٍ، عَنْ سَهْلِ بْنِ أَبِي حَثْمَةَ، قَالَ: خَرَجَ عَبْدُ اللَّهِ بْنُ سَهْلِ بْنِ أَبي حَثْمَةَ أَحَدُ بَنِي حَارِثَةَ إِلَى خَيْبَرَ مَعَ نَفَرٍ مِنْ قَوْمِهِ يُرِيدُونَ الْمِيرَةَ بِخَيْبَرَ، قَالَ: فَعُدِيَ عَلَى عَبْدِ اللَّهِ، فَقُتِلَ: فَتُلَّتْ عُنُقُهُ حَتَّى نُخَعَ ثُمَّ طُرِحَ فِي مَنْهَلٍ مِنْ مَنَاهِلِ خَيْبَرَ، فَاسْتُصْرِخَ عَلَيْهِ أَصْحَابُهُ، فَاسْتَخْرَجُوهُ فَغَيَّبُوهُ، ثُمَّ قَدِمُوا عَلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْمَدِينَةَ، فَتَقَدَّمَ أَخُوهُ عَبْدُ الرَّحْمَنِ بْنُ سَهْلٍ وَكَانَ ذَا قِدَمٍ مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَابْنَا عَمِّهِ مَعَهُ: حُوَيِّصَةُ بْنُ مَسْعُودٍ وَمُحَيِّصَةُ، فَتَكَلَّمَ عَبْدُ الرَّحْمَنِ وَكَانَ أَحْدَثَهُمْ سِنًّا، وَهُوَ صَاحِبُ الدَّمِ وَذَا قَدَمٍ فِي الْقَوْمِ فَلَمَّا تَكَلَّمَ، قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "الْكُبْرَ الْكُبْرَ". قَالَ: فَاسْتَأْخَرَ فَتَكَلَّمَ حُوَيِّصَةُ وَمُحَيِّصَةُ، ثُمَّ هُوَ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "تُسَمُّونَ قَاتِلَكُمْ، ثُمَّ تَحْلِفُونَ عَلَيْهِ خَمْسِينَ يَمِينًا، ثُمَّ نُسَلِّمُهُ إِلَيْكُمْ". قَالُوا: يَا رَسُولَ اللَّهِ، مَا كُنَّا لِنَحْلِفَ عَلَى مَا لَا نَعْلَمُ، مَا نَدْرِي مَنْ قَتَلَهُ، إِلَّا أَنَّ اليَهُودَ عَدُوُّنَا، وَبَيْنَ أَظْهُرِهِمْ قُتِلَ . قَالَ: "فَيَحْلِفُونَ لَكُمْ بِاللَّهِ إِنَّهُمْ لَبُرَاءُ مِنْ دَمِ صَاحِبِكُمْ، ثُمَّ يَبْرَءُونَ مِنْهُ". قَالُوا: مَا كُنَّا لِنَقْبَلَ أَيْمَانَ يَهُودَ، مَا فِيهِمْ أَكْثَرُ مِنْ أَنْ يَحْلِفُوا عَلَى إِثْمٍ . قَالَ: فَوَدَاهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِنْ عِنْدِهِ بِمِائَةِ نَاقَةٍ.
Sahl bin Abi Hathmah said: A member of Banu Harithah, Abdullah bin Sahl bin Abi Hathmah, went towards Khaybar with some people from his tribe in search of livelihood. Abdullah was wronged, he was killed, his neck was twisted and his vertebrae were broken (meaning his neck was crushed badly), and his body was thrown into one of the springs of Khaybar. His companions cried out and took out his body and hid it. Then they came to the Messenger of Allah (peace be upon him) in Madinah Tayyibah, and the brother of the slain, our master Abdur Rahman bin Sahl (may Allah be pleased with him), who was an old companion of the Messenger of Allah (peace be upon him), and his cousins Huwayyisah and Muhayyisah, the sons of Mas’ud, were with him. Our master Abdur Rahman (may Allah be pleased with him), who was younger than them and also the heir of the slain and an old Muslim of the tribe, wanted to speak. The Messenger of Allah (peace be upon him) said: “Let the elders speak.” So he stepped back and then Huwayyisah and Muhayyisah spoke. Then the Messenger of Allah (peace be upon him) said: “Name the killer, then swear fifty oaths (that he is the killer), and we will hand over the killer to you.” They said: O Messenger of Allah (peace be upon him)! How can we swear an oath about someone we do not know? We do not know who killed him. However, it is certain that the Jews are our enemies and his murder took place among them. He said: “Then they (the Jews) will have to swear an oath that they are innocent of your slain’s murder (i.e., that they did not kill him), and then they will be acquitted.” They said: We will not accept the oaths of the Jews because they often swear false oaths. The narrator said: So the Messenger of Allah (peace be upon him) paid one hundred camels as blood money to the heirs of Abdullah from his own side.
Brief Explanation
(Commentary on Hadith 2389)
Qasamah refers to the taking of oaths. Its procedure is as follows: If a murdered person is found in a town or city and the identity of the killer is unknown, and there are no witnesses to the murder, but the heir (wali) of the deceased accuses a person or a group of the murder, and there is no strong evidence for this claim, yet circumstantial evidence points to a likely perpetrator—such as the body being found in their neighborhood, or there being enmity between the accused and the deceased—then the claimant will be considered truthful. The heirs of the murdered person will be ordered to take fifty oaths. If they take the oaths, the heirs of the accused will be deemed liable for the payment of blood money (diyah). If the heirs of the deceased refuse to take the oaths, then those accused of the murder will be ordered to take fifty oaths, swearing that they did not commit the murder and do not know who the killer is. If they take the oaths, they will be acquitted and nothing will be obligatory upon them. But if they refuse to take the oaths, then the payment of blood money will become obligatory upon them.
The above-mentioned hadith describes exactly this scenario. Furthermore, because the heirs of the deceased refused to accept the oaths of the accused, and the people of Khaybar were under a peace treaty, the Messenger of Allah (sallallahu alayhi wa sallam) paid the blood money for the murdered person—one hundred she-camels—from his own side.
This hadith also contains encouragement for respecting elders and for allowing them to come forward and speak.
Additionally, it establishes that the blood money (diyah) for one person is one hundred camels, and it also provides evidence for going out in search of livelihood.
Qasamah refers to the taking of oaths. Its procedure is as follows: If a murdered person is found in a town or city and the identity of the killer is unknown, and there are no witnesses to the murder, but the heir (wali) of the deceased accuses a person or a group of the murder, and there is no strong evidence for this claim, yet circumstantial evidence points to a likely perpetrator—such as the body being found in their neighborhood, or there being enmity between the accused and the deceased—then the claimant will be considered truthful. The heirs of the murdered person will be ordered to take fifty oaths. If they take the oaths, the heirs of the accused will be deemed liable for the payment of blood money (diyah). If the heirs of the deceased refuse to take the oaths, then those accused of the murder will be ordered to take fifty oaths, swearing that they did not commit the murder and do not know who the killer is. If they take the oaths, they will be acquitted and nothing will be obligatory upon them. But if they refuse to take the oaths, then the payment of blood money will become obligatory upon them.
The above-mentioned hadith describes exactly this scenario. Furthermore, because the heirs of the deceased refused to accept the oaths of the accused, and the people of Khaybar were under a peace treaty, the Messenger of Allah (sallallahu alayhi wa sallam) paid the blood money for the murdered person—one hundred she-camels—from his own side.
This hadith also contains encouragement for respecting elders and for allowing them to come forward and speak.
Additionally, it establishes that the blood money (diyah) for one person is one hundred camels, and it also provides evidence for going out in search of livelihood.
