Al-Lu'lu Wal-Marjan 1085 — The Book of Al-Qasama [The oath taken by fifty men (of the defendant) regarding a murder case when no evidence is available]

Râfi‘ bin Khadij and Sahl bin Abû Hathma Narrated from:

Abdullah bin Sahl and Muhaiyisa bin Mas‘ûd went to Khaibar and they dispersed in the (gardens of the) date-palm trees. ‘Abdullah bin Sahl was murdered. Then ‘Abdur-Rahmân bin Sahl, Huwaiyisa and Muhaiyisa, the two sons of Mas‘ûd, came to the Prophet صلى الله عليه وسلم and spoke about the case of their (murdered) friend. ‘Abdur-Rahmân who was the youngest of them, started talking. The Prophet صلى الله عليه وسلم said, “Let the older (among you) speak first.” So they spoke about the case of their (murdered) friend.The Prophet صلى الله عليه وسلم said, “Will fifty of you take an oath whereby you will have the right to receive the blood money of your murdered man” (or said, “...your companion”). They said, “O Allâh’s Messenger! The murder was a thing we did not witness.” The Prophet صلى الله عليه وسلم said, “Then the Jews will release you from the oath, if fifty of them (the Jews) should take an oath to contradict your claim.” They said, “O Allâh’s Messenger! They are disbelievers, (and they will take a false oath).” Then Allâh’s Messenger صلى الله عليه وسلم himself paid the blood money to them.Sahl added: “I came upon a she-camel from those camels while I entered their stable and it hit me with its leg." ( Sahîh Al-Bukhârî, Hadîth No. 164, Vol. 8 )