Abu Dawud Book 34, Hadith Number 4505.

Chapter : Taking oaths by the people of a locality regarding a murder therein.

Narated By N/A : Sahl b. Abi Hathmah and Rafi’ b. Khadij said :

Muhayyasah b. Mas’ud and ‘Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. ‘Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). ‘Abd al-Rahman b. Sahl and Huwayyasah and Mubayyasah, the sons of his uncle (Mas’ud) came to the Prophet (may peace be upon him). ‘Abd al-Rahman, who was the youngest, spoke about his brother, but the Apostle of Allah (may peace be upon him) said to him: (Respect) the elder, (respect) the elder, or be said: Let the eldest begin. They then spoke about their friend and the Apostle of Allah (may peace be upon him) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths? He said: The Jews exonerate themselves by the oaths of fifty of them. They said : Apostle of Allah! They are a people who are infidels. So the Apostle of Allah (may peace be upon him) paid them the bloodwit himself. Sahl said: Once I entered the resting place of their camels, and a she-camel struck me with her leg. Hammad said this or (something) similar to it.

Abu Dawud said: Another version transmitted by Yahya b. Sa’id has: Would you swear fifty oaths and make your claim regarding your friend or your slain man? Bishr, the transmitter, did mention blood. ‘Abdah transmitted it from Yahya -as transmitted by Hammad. Ibn ‘Uyainah has also transmitted it from Yahya, and began with his words: The Jews will exonerate themselves by fifty oaths which they will swear He did not mention the claim.

Abu Dawud said: This is a misunderstanding on the part of Ibn ‘Uyainah.