Chapter: Qasamah (Collective Oath)

Qasamah is the verbal noun of aqsama (to swear), qasaman and qasamatan. Its meaning is halafa halifan (to take an oath). What is meant by Qasamah here is the repeated oaths in a claim of homicide. The Qadi said: It is the oaths when they are numerous as a form of emphasis. He said: The scholars of language hold that it is the group of people who take the oath; they were named by the name of the verbal noun, just as one says: a man is zur (false/liar), 'adl (just), and rida (pleasing). Whichever of the two matters it may be, it is from the qasam which is the oath. The basis for Qasamah is what Yahya ibn Sa'id al-Ansari narrated from Bashir ibn Yasar, from Sahl ibn Abi Hathmah and Rafi' ibn Khadij, that Muhayyisah ibn Mas'ud and 'Abd Allah ibn Sahl went to Khaybar and separated in the palm groves, and 'Abd Allah ibn Sahl was killed. They suspected the Jews, so his brother 'Abd al-Rahman and his two cousins Huwayyisah and Muhayyisah came to the Prophet (peace and blessings of Allah be upon him). 'Abd al-Rahman spoke regarding the affair of his brother, and he was the youngest of them. The Prophet (peace and blessings of Allah be upon him) said: "Let the elder, the elder," or he said: "Let the older begin." They spoke regarding the affair of their companion, and the Prophet (peace and blessings of Allah be upon him) said: "Fifty of you shall swear against a man from among them, and he shall be surrendered to you entirely." They said: "An affair we did not witness, how can we swear?" He said: "Then will the Jews exonerate you by the oaths of fifty of them?" They said: "O Messenger of Allah, they are disbelieving, misguided people." He said: So the Messenger of Allah (peace and blessings of Allah be upon him) paid the blood money for him from his own side. Sahl said: "I entered a cattle pen of theirs, and a she-camel from those camels kicked me." Agreed upon.