Sayyiduna Sahl bin Abi Hathmah (may Allah be pleased with him) said that some people of his tribe went to Khaybar and separated there. Then they found one of them slain, and they said to the people there: "You killed our companion." They said: "We neither killed him nor do we know (who did)." They came to the Messenger of Allah (peace and blessings be upon him) and said: "O Prophet of Allah, we went to Khaybar and one of our companions was killed." He (peace and blessings be upon him) said: "Let the elder speak." He (peace and blessings be upon him) asked: "Is there any evidence of who killed him?" They said: "No." He (peace and blessings be upon him) asked: "Then shall the Jews take an oath?" They said: "We are not content with their oath." So he (peace and blessings be upon him) disliked that his blood should go to waste, and he paid his blood money of 100 camels from his own side. In one narration: from the camels of charity (sadaqah).
Muslim bin al-Hajjaj said: It is not unclear to anyone among the hadith masters who understands discernment that Yahya bin Sa'id has a better memory than Sa'id bin Ubayd and a higher standing in the path of knowledge and its means, so he is more deserving of being regarded as having preserved it.
Al-Shaykh (al-Bayhaqi) said: Even if the narration of Sa'id is sound, it does not contradict the narration of Yahya bin Sa'id from Bushayr bin Yasar, because by "evidence" he may mean the oaths together with grounds for suspicion (lawth), as Yahya bin Sa'id explained it; or he may first have asked them for evidence, as in this narration, then offered them the oaths given the existence of suspicion, as in the narration of Yahya bin Sa'id, then returned the oaths to the defendants when the claimants declined, as in both narrations.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسامة / 16438