Chapter: Al-Qasāmah (The Oath Procedure)
Narration Summary:
Multiple authentic narrations detail the case of ‘Abdullah bin Sahl, who was found murdered in Khaybar. His companions—Muḥayyisah, Ḥuwayṣah, and ‘Abd al-Raḥmān bin Sahl—brought the matter to the Prophet ﷺ. The Prophet ﷺ asked them to take fifty oaths to claim the blood money or identify the murderer. When they declined due to lack of direct witness, the Prophet ﷺ suggested fifty oaths from the Jews to absolve themselves, which they also rejected. Ultimately, the Prophet ﷺ paid the blood money (diyyah) himself.
References:
❷ If a person is found murdered in a locality, and the killer is not identified, fifty men from that locality, tribe, or street are selected to swear that they did not commit the murder and do not know the killer. This absolves them of liability. These oaths are taken only by men and by those selected by the accuser—whether suspected or not.
❸ If the heirs of the murdered person claim that certain individuals are the killers, they must either:
① Provide proof or witnesses
② Take oaths themselves.
If they cannot do either, then the other party must swear fifty oaths to be absolved. If they refuse, diyyah (blood money) becomes obligatory. If guilt is proven, qisās (retribution) will be enforced. The sanctity of human life requires that no blood is disregarded without due process.
❹ This is the only legal case where fifty oaths are required.
If no party accepts the responsibility for blood money, it may be paid from the Bayt al-Māl (Islamic treasury).
❺ Young or inexperienced individuals should allow elders or more knowledgeable persons to speak first in formal matters. The Prophet ﷺ, through subtle gestures and words, taught his followers the etiquettes of conversation and leadership.
Reference:
This content is derived from the book Ḍiyā’ al-Islām fī Sharḥ al-Ilmām bi-Aḥādīth al-Aḥkām by Shaykh Taqī al-Dīn Abī al-Fatḥ, translated by Maulana Mahmood Ahmad Ghaznfar.
Narration Summary:
Multiple authentic narrations detail the case of ‘Abdullah bin Sahl, who was found murdered in Khaybar. His companions—Muḥayyisah, Ḥuwayṣah, and ‘Abd al-Raḥmān bin Sahl—brought the matter to the Prophet ﷺ. The Prophet ﷺ asked them to take fifty oaths to claim the blood money or identify the murderer. When they declined due to lack of direct witness, the Prophet ﷺ suggested fifty oaths from the Jews to absolve themselves, which they also rejected. Ultimately, the Prophet ﷺ paid the blood money (diyyah) himself.
References:
- Ṣaḥīḥ al-Bukhārī: 2143, 3173, 6142, 6143, 6898
- Ṣaḥīḥ Muslim: 1669
✿ Key Points and Rulings ✿
❶ Qasāmah involves taking oaths or presenting witnesses by both parties—claimant and defendant—in cases where a body is found and the killer is unknown.❷ If a person is found murdered in a locality, and the killer is not identified, fifty men from that locality, tribe, or street are selected to swear that they did not commit the murder and do not know the killer. This absolves them of liability. These oaths are taken only by men and by those selected by the accuser—whether suspected or not.
❸ If the heirs of the murdered person claim that certain individuals are the killers, they must either:
① Provide proof or witnesses
② Take oaths themselves.
If they cannot do either, then the other party must swear fifty oaths to be absolved. If they refuse, diyyah (blood money) becomes obligatory. If guilt is proven, qisās (retribution) will be enforced. The sanctity of human life requires that no blood is disregarded without due process.
❹ This is the only legal case where fifty oaths are required.
If no party accepts the responsibility for blood money, it may be paid from the Bayt al-Māl (Islamic treasury).
❺ Young or inexperienced individuals should allow elders or more knowledgeable persons to speak first in formal matters. The Prophet ﷺ, through subtle gestures and words, taught his followers the etiquettes of conversation and leadership.
Reference:
This content is derived from the book Ḍiyā’ al-Islām fī Sharḥ al-Ilmām bi-Aḥādīth al-Aḥkām by Shaykh Taqī al-Dīn Abī al-Fatḥ, translated by Maulana Mahmood Ahmad Ghaznfar.
