Continuation of the explanation of the hadith of Rafi' ibn Khudayj and Sahl ibn Abi Hatmah, in which he said: (
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The Shaykh: "And they spoke about the matter of their companion" means that they mentioned that they had found their companion, 'Abdullah ibn Sahl, dead in the date palms of the Jews. So, who would naturally be suspected of killing this companion of theirs? Naturally, the Jews. This was their argument. So they spoke about the matter of their companion, and 'Abd al-Rahman began, and he was the youngest of the group, so the Prophet (peace and blessings be upon him) said to him: meaning: It is not your right, in terms of etiquette, to speak before those who are older than you. Therefore, let someone else from among those who are older than you take charge of the speech. So they spoke about the matter of their companion, and the Prophet (peace and blessings be upon him) said: So their answer was the answer of a sensible Muslim who does not covet wealth because he fears Allah (Mighty and Majestic) to swear to something he does not know. So they said: Sahih al-Bukhari 6142, 6143 meaning: We have not seen it with our own eyes, how can we dare to swear by Allah (Mighty and Majestic)?! He said: Then there is a second solution: Sahih Muslim 1669b meaning: If you do not swear so that we can impose the blood money on them, then they will swear that, by Allah, they did not kill him and they do not know who the killer is among them. At that point, the Jews are absolved of liability, and no blood money will be imposed on them. What was their answer? They said: O Messenger of Allah, they are a disbelieving people, how can we trust their oaths? And there is no sin greater than disbelief. So, in that case, the right of the dead man is lost, because the Companions would not swear that the Jews killed him, and at the same time the Companions would not accept the oath of the Jews, fifty of them, that they did not kill him. If they had known for certain that they had actually killed him, they would have sworn false oaths. So the blood of the dead man, 'Abdullah ibn Sahl, went to waste. Why? Because, first, the killer is not known; there are no eyewitnesses to testify that such-and-such a Jew killed such-and-such a Muslim. Second: in a situation like this, when a dead man remains in a village, in a town, or in its outskirts, such that it is said that such-and-such a village is the one suspected, not one far away, the solution to this problem in Islam is by a ruling known as al-qasamah, and its details are as follows: fifty people from the claimants swear that the killers are the people of such-and-such a village. If they swear, then the blood money is taken from the people of the village. If they do not swear, they deny it, as is the requirement of scrupulousness and religion, as the Companions said here. Then we take fifty from the people of the village and they swear oaths that we do not know of anyone from our town who killed such-and-such a person. If these do not swear and those do swear, the blood money is paid. Or if the claimant is not satisfied with the oath of the one against whom the claim is made, the blood money is still paid. So, in this case, the blood money for this Muslim, 'Abdullah ibn Sahl, must go to waste. But the Messenger (peace and blessings be upon him) had compassion on the family of the dead man, so his position was as he said at the end of the hadith: Al-Mustadrak lil-Hakim 46:27 And in a narration in "Sahih Muslim": and this hadith is the addition in "Sahih Muslim" from the many proofs that the blood money for a Muslim is one hundred camels, and in other hadiths, one thousand from sheep. Look at how far the laws governing people today, other than what Allah has revealed, have strayed from justice regarding the rights of the dead, and their blood goes to waste. What did they say? The blood money is five thousand Syrian pounds. Five thousand Syrian pounds means five camels! Meaning the camels are without value, because the cow in the seasons of Hajj is bought for one thousand five hundred, so the she-camel is cheaper, let's say two thousand, and ten thousand, and one hundred thousand. So the Messenger (peace and blessings be upon him) was generous here to the family of the dead man and paid the blood money for the dead man, meaning he estimated the blood money for the unknown dead men at one hundred camels from the camels of zakah, meaning from the treasury of the Muslims. Do you know that there is zakah on sheep, and zakah on camels? Whenever a person has five camels gathered, he owes such-and-such a number of sheep, and so on. It has a very precise system, and unfortunately it has become...
Older, older
كبر الكبرDo you want to obtain your dead man - or your companion - by the oaths of fifty of you?
أتستحقُّون قتيلكم - أو صاحبكم - بأيمان خمسين منكم ؟O Allah's Messenger (ﷺ)! The murder was a thing we did not witness.
يا رسول الله أمرٌ لم نَرَهThe Jews will exonerate themselves by the oaths of fifty of them.
تبرئكم يهود بأيمان خمسين منهمSo the Messenger of Allah (peace and blessings be upon him) paid the blood money for them from his own side
فوداهم رسول الله - صلى الله عليه وآله وسلم - من قبلهSo he paid the blood money for them from the camels of zakah and estimated it at one hundred camels
فوداهم من إبل الصدقة وقدَّر مئة رأس من الإبل
Source
www.al-albany.com
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