Hadith record

Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ali Bin Al Hakam, from Ali Bin Abu Hamza, from Abu Baseer who said, ‘I asked Abu Abdullah asws about the compurgation (sworn endorsements), ‘Where was its beginning?’ He asws said: ‘It was from before Rasool-Allah saww . When it was after the victory of Khyber, a man from the Helpers was left behind from his companions. So they returned to seek him, and they found him covered in his blood, killed. So the Helpers came over to Rasool-Allah saww , so they said, ‘The Jews have killed our companion’. So he saww said: ‘Let fifty men from you swear upon that it is they who killed him’. They said, ‘O Rasool-Allah saww ! How can we swear upon what we have not seen?’ He saww said: ‘So the Jew should swear’. So they said, ‘O Rasool-Allah saww ! Who would ratify the Jew?’ So he saww said: ‘I saww would then pay your companion’. So I said to him asws , ‘How is the judgement?’ So he asws said: ‘Allah azwj Mighty and Majestic Judged regarding the blood what He azwj did not Judge regarding anything from the rights of the people, due to the reverence of the blood. If a man were to claim upon a man ten thousand Dirhams, or less than that, or more, there would not be swearing for the claimant, and the swearing was upon the defendant. So when the man claims upon a group with the blood that they killed him, the swearing would be for the claimant of the blood before the defendant. Thus, it would be upon the claimant that he comes with fifty men swearing on oath that so and so killed so and so. So he would be handed over to them, the one who has been sworn against. So if they so desire to they may excuse, and if they so desire to they may kill, and if they so desire to they accept the wergild. And if they do not swear, so it would be upon the defendant that he should get fifty of them (the accusers) to swear, ‘We neither have killed nor do we know his killer’. So if they do that, it is the people of the town where he (the killed one) was found to be among them, should pay, and if (he was found) in the land of wilderness, his wergild would be paid from the public treasury, for Amir Al-Momineen asws was saying: ‘There would be no invalidation of the blood of a Muslim’.

Translation: HubeAli — attributed by Thaqalayn·The Arabic above is the original.