Chapter on qasāmah (the fifty-fold oath procedure)

It consists of repeated oaths in a claim concerning the killing of a person whose life is inviolable. One of its conditions is the presence of lawth (circumstantial evidence creating a strong presumption), …

The author’s statement, “Qasāmah”: it is derived from qasam, meaning an oath.

The origin of qasāmah is that ‘Abd Allah ibn Sahl ibn Zayd al-Ansari and Muhayyisah ibn Mas‘ud ibn Zayd al-Ansari, may Allah be pleased with them both, went with a group to Khaybar after it had been conquered, in order to procure—that is, purchase—dates. They separated, each going to an orchard and its palm trees. Muhayyisah then found ‘Abd Allah ibn Sahl slain, lying in his blood. He said to the Jews, “You have killed our companion.” They replied, “We did not kill him.” The matter was brought before the Prophet, peace and blessings be upon him, and he said, “Will you swear fifty oaths and thereby establish your right to the blood-money for your companion?”

In another narration: “Will you swear that one of them killed him?” They said, “O Messenger of Allah, how can we swear when we neither saw nor witnessed it?!” He then informed them that the Jews would swear fifty oaths. They said, “We do not accept the oaths of the Jews.” So the Prophet, peace and blessings be upon him, paid his blood-money from his own funds (1). This proves that, had they sworn, they would have acquired the right to have him executed.

Qasāmah had been known in the pre-Islamic period, and the Prophet, peace and blessings be upon him, approved it in the form in which it had existed in the pre-Islamic period (2). This is evidence that