Al-Lu'lu Wal-Marjan 1094 — The Book of Al-Qasama [The oath taken by fifty men (of the defendant) regarding a murder case when no evidence is available]

Abu Bakra Narrated from:

The Prophet صلى الله عليه وسلم said, “Time has taken its original shape which it had when Allâh تعالى created the heavens and the earth. The year is of twelve months, four of which are sacred, and out of these (four) three are in succession, i.e. Dhul-Qa‘da, Dhul-Hijja and Al-Muharram, and the fourth is Rajab which is named after the Mudar tribe, between (the month of) Jumâda (Ath-Thânîa) and Sha‘bân.”Then the Prophet صلى الله عليه وسلم asked, “Which month is this?” We said, “Allâh and His Messenger صلى الله عليه وسلم know better.” On that the Prophet صلى الله عليه وسلم kept quiet for so long that we thought that he might name it with another name. Then the Prophet صلى الله عليه وسلم said, “Isn’t it the month of Dhul-Hijja.” We replied, “Yes (it is).”Then he said, “Which town is this?” We replied, “Allâh and His Messenger ﷺ know better.” One that he kept quiet for so long that we thought that he might name it with another name. Then he said, “Isn’t it the town of Makka?” We replied, “Yes (it is).” Then he said, “Which day is today?” We replied, “Allâh and His Messenger know better.” He kept quiet for so long that we thought that he might name it with another name. Then he said, “Isn’t it the day of An-Nahr (i.e. sacrifice)?” We replied, “Yes (it is).”He said, “So your blood and your properties... (The subnarrator Muhammad said, I think the Prophet ﷺ also said: “And your honour...”) are sacred to one another like the sanctity of this day of yours, in this city of yours, in this month of yours; and surely, you will meet your Lord, and He will ask you about your deeds.Beware! Do not become like those who went astray after me, cutting the necks of one another. It is incumbent on those who are present to convey this message (of mine) to those who are absent. May be that some of those to whom it will be conveyed might comprehend (what I have said) better than the present audience.”(The subnarrator, Muhammad, on remembering that narration used to say, “Muhammad spoke the truth!”) He ﷺ then added twice, “No doubt! Haven’t I conveyed (Allâh’s Message) to you?” ( Sahîh Al-Bukhârî, Hadîth No. 688, Vol. 5) obligatory payment of blood-money in cases of unintentional murders, and in cases of seemingly-intentional murders.