Abu Layla bin Abdullah bin Abd al-Rahman bin Sahl (may Allah have mercy on him) said that Sahl bin Abi Hathmah (may Allah be pleased with him) and the elders of his people informed him that the Messenger of Allah (peace and blessings be upon him) said to Huwayyisah, Muhayyisah and Abd al-Rahman (may Allah be pleased with them): "Take oaths and become entitled to the blood of your companion." They said: No. He (peace and blessings be upon him) said: "Then the Jews will take the oaths."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20732
Bushayr bin Yasar narrates from Sayyiduna Sahl bin Abi Hathmah (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) began the oath with the two Ansaris, but when they did not take the oath, he (peace and blessings be upon him) turned the oaths back onto the Jews.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20733
This is another chain of the previous hadith.
The narration of Malik bin Anas from Yahya bin Sa'id is mursal (lacking the Companion) like this in the Muwatta.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20734
Bushayr bin Yasar (may Allah have mercy on him) mentioned the hadith, and in it is that the Messenger of Allah (peace and blessings be upon him) said: "Will you take fifty oaths and become entitled to the killer of your companion?" They said: O Messenger of Allah! How can we testify when we were not present? He (peace and blessings be upon him) said: "The Jews will take fifty oaths and be cleared."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20735
Sayyiduna Sahl bin Abi Hathmah (may Allah be pleased with him) said that Abdullah bin Sahl al-Ansari and Muhayyisah bin Mas'ud (may Allah be pleased with them both) went to Khaybar. They separated for their needs, and Abdullah bin Sahl was killed. Abd al-Rahman bin Sahl, Huwayyisah and Muhayyisah (may Allah be pleased with them) came to the Prophet (peace and blessings be upon him). Abd al-Rahman, the brother of the slain man, began to speak, so the Prophet (peace and blessings be upon him) said: "Let the elder speak." So Huwayyisah and Muhayyisah (may Allah be pleased with them both) spoke about what had happened to Abdullah bin Sahl. The Messenger of Allah (peace and blessings be upon him) said: "Take fifty oaths and you will become entitled to your slain man." They said: O Messenger of Allah (peace and blessings be upon him)! We were neither present nor witnesses. So the Messenger of Allah (peace and blessings be upon him) said: "Then the Jews will clear themselves with fifty oaths?" They said: How can we accept the oaths of a disbelieving people? So the Prophet (peace and blessings be upon him) paid the blood money himself.
(b) In the narration of Ibn Uyaynah, the Messenger of Allah (peace and blessings be upon him) said: "Shall the Jews clear themselves of you with fifty oaths, swearing that they did not kill him?" They said: O Prophet of Allah (peace and blessings be upon him)! They are polytheists; how can we be satisfied with their oaths? He (peace and blessings be upon him) said: "Then will fifty of you swear that they killed him?" How can we swear to what we did not see?
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20736
In the narration of Ibn Uyaynah it is that Abdullah bin Sahl al-Ansari (may Allah be pleased with him) was found in a well. This indicates that he began with the oaths of the Jews and then turned them back onto the two Ansaris, which is contrary to the narration of the group, and the group is more worthy of accurate preservation than a single narrator. Imam al-Shafi'i (may Allah have mercy on him) said: Ibn Uyaynah was not certain whether the Prophet (peace and blessings be upon him) put the Ansaris first in the oaths or the Jews.
The Shaykh said: The statement to be relied upon is that of the one who narrates without doubt, and those who narrate it are all huffaz (master memorisers).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20737
Sulayman bin Yasar said that a man from Banu Sa'd raced a horse, and it trampled the finger of a man from Juhaynah, and he died because of it. Umar (may Allah be pleased with him) said: Will you swear that he did not die from it? They refused and felt reluctant to take the oaths. He said it to the others, and they too felt reluctant to take the oath.
(b) Imam al-Shafi'i (may Allah have mercy on him) said: The Messenger of Allah (peace and blessings be upon him) placed the oath upon the Ansaris because they would thereby become entitled. When they did not accept the oath, the Prophet (peace and blessings be upon him) turned the oath back onto the Jews. Umar (may Allah be pleased with him) placed the oath upon Banu Layth, then, upon their refusal, took the oath from the Juhanis. This is the practice of our muftis.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20738
Nafi' narrates from Ibn Umar (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him) "returned the oath to the one seeking his right."
Sulayman bin Abd al-Rahman al-Dimashqi is alone in narrating it with this chain, and reliance is on what has preceded.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20739
Imam al-Sha'bi (may Allah have mercy on him) said that Sayyiduna al-Miqdad (may Allah be pleased with him) borrowed seven thousand dirhams from Sayyiduna Uthman bin Affan (may Allah be pleased with him). When he asked for repayment, he said: It was four thousand. So the dispute came to Sayyiduna Umar (may Allah be pleased with him). Sayyiduna Uthman (may Allah be pleased with him) said: I lent al-Miqdad seven thousand dirhams. Sayyiduna al-Miqdad (may Allah be pleased with him) said: It was four thousand; make him swear that it was seven thousand. Sayyiduna Umar (may Allah be pleased with him) said: He has been fair to you. But he refused to take the oath, so Sayyiduna Umar (may Allah be pleased with him) said: Take what he gives you.
This chain is sahih, except that it is munqati' (broken).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20740
It is narrated from Sayyiduna Ali (may Allah be pleased with him): "The oath goes with the witness. If he has no proof, then the oath is upon the one against whom the claim is made, provided he has had dealings with him. If he declines, the claimant takes the oath."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20741