Definition & Legality

**A. Definition:** **Linguistically:** From أَقْسَمَ يُقْسِم إقْساماً وقَسَامَةً - meaning: to take an oath. **Legally:** Repeated oaths in claims of blood. The victim's family swears fifty oaths that the accused killed their companion. **Its Form:** A body is found and the killer is unknown. Qasamah is applied to the group among whom the killing could have occurred - when the following conditions are met. --- **B. Legality & Evidence:** Qasamah is legislated, and through it Qisas or Diyah can be established - when the claim has no witness or confession, but there is Lawth (strong suspicion). **Lawth (اللَّوْث):** Apparent enmity between the victim and the accused - like tribes seeking blood revenge from each other. Some say it is not limited to this, but includes anything that makes the claim likely true. --- **Evidence - The Hadith of Sahl ibn Abi Hathmah:** "Abdullah ibn Sahl and Muhayysah ibn Mas'ud went to Khaybar due to hardship. Muhayysah came and reported that Abdullah ibn Sahl had been killed and thrown in a well (or ditch). He went to the Jews and said: 'By Allah, you killed him!' They said: 'By Allah, we did not kill him!' He then came to his people and mentioned this. Then he, his brother Huwayysah (who was older), and 'Abd ar-Rahman ibn Sahl came... The Messenger of Allah ﷺ said to Huwayysah, Muhayysah, and 'Abd ar-Rahman: 'Will you swear fifty oaths and claim the blood of your companion?' (In another narration: 'Will you bring proof?') They said: 'We have no proof.' He ﷺ said: 'Will you swear?' They said: 'How can we swear when we did not witness or see?' He ﷺ said: 'Then let the Jews swear to you?' They said: 'They are not Muslims.' So the Messenger of Allah ﷺ paid the blood money from his own wealth. He sent to them one hundred camels until they were brought into the house." Sahl said: "A red she-camel from them kicked me" [Bukhari & Muslim]. This proves Qasamah is an independent principle in Sharia. --- **C. Wisdom:** Qasamah was legislated to protect blood and prevent its being shed in vain. Islamic Sharia is extremely keen on preserving blood and preventing its waste. Since killing is frequent while witnesses are rare (because killers seek secluded places), Qasamah was established to protect blood.