Chapter on Qasamah (Oath of Allegation in Cases of Murder)

Mansur ibn Yunus narrated from Sulayman ibn Khalid, who said: Abu Abdullah عليه السلام said: "Isa ibn Musa and Ibn Shubrumah asked me about a murdered person found alone in the land of a people. I (Abu Abdullah عليه السلام) said to them: The Ansar once found a man in one of the irrigation channels of Khaybar. The Ansar said: 'The Jews have killed our companion.' The Messenger of Allah سبحانه وتعالى asked them: 'Do you have any evidence?' They replied: 'No.' Prophet صلى الله عليه وعلى آله وسلم said: 'Will you swear an oath?' The Ansar said: 'How can we swear an oath about something we did not witness?' The Prophet (peace be upon him and his family) said: 'Then the Jews will swear an oath.' The Ansar responded: 'They will swear an oath concerning our companion?' So, the Prophet (peace be upon him and his family) personally paid the blood money for the man. Ibn Shubrumah then asked (Abu Abdullah عليه السلام): 'What if the Prophet (peace be upon him and his family) had not paid it?' I (Abu Abdullah عليه السلام) replied: 'We do not say anything about what the Messenger of Allah سبحانه وتعالى (peace be upon him and his family) did, as if he would not have done it.' Then I asked Imam عليه السلام: 'Upon whom does the qasamah (oath of accusation) fall?' Imam عليه السلام replied: 'It falls upon the family of the murdered person.'"