36
| Narrated
Sahl bin Abi Hathma: (a man from the Ansar) that a number of people
from his tribe went to Khaibar and dispersed, and then they found one of
them murdered. They said to the people with whom the corpse had been
found, "You have killed our companion!" Those people said, "Neither have
we killed him, nor do we know his killer." The bereaved group went to
the Prophet and said, "O Allah's Apostle! We went to Khaibar and found
one of us murdered." The Prophet said, "Let the older among you come
forward and speak." Then the Prophet said, to them, "Bring your proof
against the killer." They said "We have no proof." The Prophet said,
"Then they (the defendants) will take an oath." They said, "We do not
accept the oaths of the Jews." Allah's Apostle did not like that the
Blood-money of the killed one be lost without compensation, so he paid
one-hundred camels out of the camels of Zakat (to the relatives of the
deceased) as Diya (Blood-money).
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37
| Narrated
Abu Qilaba: Once 'Umar bin 'Abdul 'Aziz sat on his throne in the
courtyard of his house so that the people might gather before him. Then
he admitted them and (when they came in), he said, "What do you think of
Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama
in Qisas, as the previous Muslim Caliphs carried out Qisas depending on
it." Then he said to me, "O Abu Qilaba! What do you say about it?" He
let me appear before the people and I said, "O Chief of the Believers!
You have the chiefs of the army staff and the nobles of the Arabs. If
fifty of them testified that a married man had committed illegal sexual
intercourse in Damascus but they had not seen him (doing so), would you
stone him?" He said, "No." I said, "If fifty of them testified that a
man had committed theft in Hums, would you cut off his hand though they
did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle
never killed anyone except in one of the following three situations: (1)
A person who killed somebody unjustly, was killed (in Qisas,) (2) a
married person who committed illegal sexual intercourse and (3) a man
who fought against Allah and His Apostle and deserted Islam and became
an apostate." Then the people said, "Didn't Anas bin Malik narrate that
Allah's Apostle cut off the hands of the thieves, branded their eyes and
then, threw them in the sun?" I said, "I shall tell you the narration
of Anas. Anas said: "Eight persons from the tribe of 'Ukl came to
Allah's Apostle and gave the Pledge of allegiance for Islam (became
Muslim). The climate of the place (Medina) did not suit them, so they
became sick and complained about that to Allah's Apostle. He said (to
them ), "Won't you go out with the shepherd of our camels and drink of
the camels' milk and urine (as medicine)?" They said, "Yes." So they
went out and drank the camels' milk and urine, and after they became
healthy, they killed the shepherd of Allah's Apostle and took away all
the camels. This news reached Allah's Apostle , so he sent (men) to
follow their traces and they were captured and brought (to the Prophet).
He then ordered to cut their hands and feet, and their eyes were
branded with heated pieces of iron, and then he threw them in the sun
till they died." I said, "What can be worse than what those people did?
They deserted Islam, committed murder and theft." Then 'Anbasa bin Said
said, "By Allah, I never heard a narration like this of today." I said,
"O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have
related the narration in the way it should be related. By Allah, these
people are in welfare as long as this Sheikh (Abu Qilaba) is among
them." I added, "Indeed in this event there has been a tradition set by
Allah's Apostle. The narrator added: Some Ansari people came to the
Prophet and discussed some matters with him, a man from amongst them
went out and was murdered. Those people went out after him, and behold,
their companion was swimming in blood. They returned to Allah's Apostle
and said to him, "O Allah's Apostle, we have found our companion who had
talked with us and gone out before us, swimming in blood (killed)."
Allah's Apostle went out and asked them, "Whom do you suspect or whom do
you think has killed him?" They said, "We think that the Jews have
killed him." The Prophet sent for the Jews and asked them, "Did you kill
this (person)?" They replied, "No." He asked the Al-Ansars, "Do you
agree that I let fifty Jews take an oath that they have not killed him?"
They said, "It matters little for the Jews to kill us all and then take
false oaths." He said, "Then would you like to receive the Diya after
fifty of you have taken an oath (that the Jews have killed your man)?"
They said, "We will not take the oath." Then the Prophet himself paid
them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail
repudiated one of their men (for his evil conduct) in the Pre-lslamic
period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the
man attacked a Yemenite family at night to steal from them, but a. man
from the family noticed him and struck him with his sword and killed
him. The tribe of Hudhail came and captured the Yemenite and brought him
to 'Umar during the Hajj season and said, "He has killed our
companion." The Yemenite said, "But these people had repudiated him
(i.e., their companion)." 'Umar said, "Let fifty persons of Hudhail
swear that they had not repudiated him." So forty-nine of them took the
oath and then a person belonging to them, came from Sham and they
requested him to swear similarly, but he paid one-thousand Dirhams
instead of taking the oath. They called another man instead of him and
the new man shook hands with the brother of the deceased. Some people
said, "We and those fifty men who had taken false oaths (Al-Qasama) set
out, and when they reached a place called Nakhlah, it started raining so
they entered a cave in the mountain, and the cave collapsed on those
fifty men who took the false oath, and all of them died except the two
persons who had shaken hands with each other. They escaped death but a
stone fell on the leg of the brother of the deceased and broke it,
whereupon he survived for one year and then died." I further said,
"'Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in
punishment) for murder, basing his judgment on Al-Qasama, but later on
he regretted that judgment and ordered that the names of the fifty
persons who had taken the oath (Al-Qasama), be erased from the register,
and he exiled them in Sham."
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