Chapter on the Rulings of Qasama

Qasama, linguistically, is a verbal noun derived from their saying aqsama or qasama, meaning “he swore an oath.” In the present context it refers to repeated oaths taken in a claim of homicide against someone whose life was inviolable.

This procedure is prescribed when a dead person is discovered, the killer is unknown, and a particular individual is accused.

Its authority is established by the Sunnah and the unanimous agreement of the scholars.

Both Ṣaḥīḥ collections record, on the authority of Sahl ibn Abī Ḥathmah, that ʿAbd Allah ibn Sahl and Muḥayyiṣa ibn Masʿūd went out to Khaybar. Muḥayyiṣa later found ʿAbd Allah ibn Sahl wallowing in his own blood. He approached the Jews and said, “You have killed him.” They replied, “We did not.” The Messenger of Allah ﷺ said, “Will you swear an oath and thereby secure your companion’s blood?” In another version he asked, “Can you produce evidence?” They answered, “We have no evidence.” He then said, “Will you swear an oath?” They responded, “How can we swear when we neither witnessed nor saw anything?” He said, “Then the Jews may exonerate themselves with fifty oaths.” They objected, “How can we accept the oaths of a people who are unbelievers?” Thereupon he paid the blood money himself: one hundred camels.