Then ‘Anbasa bin 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.”