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Sunan an-Nasai 4720 (Book 45, Hadith 15) #19253
Seeking Justice in Khaibar

SUMMARY: The Prophet Muhammad (PBUH) instructed a man to seek two witnesses to prove who killed his son, and when the man was unable to find them, the Prophet suggested that he accept fifty oaths from the Jews instead.

It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that: the younger son of Muhayyisah was found slain one morning at the gate of one morning at the gates of Khaibar. The Messenger of Allah said: "Bring two witnesses to (say) who killed him, and he will hand him over to you". He said: "O Messenger of Allah, where shall I get two witnesses? He was found slain in the morning at their gates". He said: "Will you swear fifty oaths?" He said: "O Messenger of Allah, how can I swear concerning something I do not know?" The Messenger of Allah said: "Then will you accept fifty oaths from them?" He said: "O Messenger of Allah, how can we accept their oaths when they are Jews?" So the Messenger of Allah told them (the Jews) to pay the Diyah and he would help them with half".
أَخْبَرَنَا مُحَمَّدُ بْنُ مَعْمَرٍ، قَالَ حَدَّثَنَا رَوْحُ بْنُ عُبَادَةَ، قَالَ حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ الأَخْنَسِ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، أَنَّ ابْنَ مُحَيِّصَةَ الأَصْغَرَ، أَصْبَحَ قَتِيلاً عَلَى أَبْوَابِ خَيْبَرَ فَقَالَ رَسُولُ اللَّهِ ﷺ ‏"‏ أَقِمْ شَاهِدَيْنِ عَلَى مَنْ قَتَلَهُ أَدْفَعْهُ إِلَيْكُمْ بِرُمَّتِهِ ‏"‏ ‏.‏ قَالَ يَا رَسُولَ اللَّهِ وَمِنْ أَيْنَ أُصِيبُ شَاهِدَيْنِ وَإِنَّمَا أَصْبَحَ قَتِيلاً عَلَى أَبْوَابِهِمْ قَالَ ‏"‏ فَتَحْلِفُ خَمْسِينَ قَسَامَةً ‏"‏ ‏.‏ قَالَ يَا رَسُولَ اللَّهِ وَكَيْفَ أَحْلِفُ عَلَى مَا لاَ أَعْلَمُ فَقَالَ رَسُولُ اللَّهِ ﷺ ‏"‏ فَنَسْتَحْلِفُ مِنْهُمْ خَمْسِينَ قَسَامَةً ‏"‏ ‏.‏ فَقَالَ يَا رَسُولَ اللَّهِ كَيْفَ نَسْتَحْلِفُهُمْ وَهُمُ الْيَهُودُ فَقَسَمَ رَسُولُ اللَّهِ ﷺ دِيَتَهُ عَلَيْهِمْ وَأَعَانَهُمْ بِنِصْفِهَا
TOPICS
justice  *  oath  *  qasam  *  diyah  *  khaibar

QUICK LESSONS:
Seek fairness & justice ; Respect others regardless of faith or beliefs ; Be truthful ; Be generous & compassionate .

EXPLANATIONS:
This hadith is about justice and seeking justice in a fair manner. It is narrated by 'Amr bin Shu'aib, from his father, from his grandfather that there was a young son of Muhayyisah who was found slain one morning at the gates of Khaibar. The Messenger of Allah (PBUH) instructed him to bring two witnesses so they could identify who killed him and hand them over for punishment. However, since it was impossible for him to find two witnesses as it happened early in the morning at their gates, he asked what else he could do. The Prophet then suggested that he accept fifty oaths from them instead as an alternative form of justice. He then told them to pay diyah and offered help with half of it himself. This hadith teaches us about fairness and justice even when we are dealing with people we may not trust or agree with completely; it also shows us how important truthfulness is when seeking justice as well as how generous our beloved Prophet Muhammad (PBUH) was even towards those who were not believers in Islam yet.

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