Sahih al-Bukhari 3845

It is related that Ibn 'Abbas said, "The first qasama which took place in the Jahiliyya was done among us, the Banu Hashim. A man of the Banu Hashim was hired by a man of Quraysh from another branch. He went with him with his camels. A man of the Banu Hashim passed by him and the handle of his bag had broken. He said, "Help me by giving me a hobble-rope with which to tie the handle of my bag so that the camels do not bolt. He gave him a hobble-rope and he used it to tie the handle of his baf. When they halted, the camels were hobbled except for one camel. The one who had hired him said, 'Why is this camel among the camels not hobbled?' He said, 'It does not have a hobble-rope.' He said, 'So where it is hobble-rope?'" He said, "He threw a stick at him that caused his death. A man from the people of the Yemen passed by him and he said, 'Will you attend the festival (of hajj)?' He said, 'I am not going to attend, but it is just possible that I will attend.' He said, 'Will you convey a message from you for one time in your life?' He said, 'Yes.' He said, 'When you go to attend the festival then call out, "O family of Quraysh!" When they answer you, then call, "O Banu Hashim!" When they answer you, ask for Abu Talib and tell him that so-and-so has killed me for a hobble-rope.' Then the man who had been hired died. When the one who had hired him arrived, Abu Talib went to him and said, 'What has happened to our companion?' He said, 'He became ill and I looked after him well and then buried him.' He said, 'He deserved that from you.' After some time, the man whom he had charged with conveying his message from him arrived during the festival.. He said, "O family of Quraysh!' They said, 'This is Quraysh.' He said, 'O Banu Hashim!' They said, 'This is Banu Hashim.' He said, 'Where is Abu Talib?' They said, 'This is Abu Talib.' He said, 'So-and-so told me to convey a message to you: that so-and-so killed him for a hobble-rope.' Abu Talib went to him and said to him, 'You can choose from one of three options. If you wish, you can pay a hundred camels because you killed our companion. If you wish, fifty of your people can swear that you did not kill him. If you refuse, then we will kill you for him.' He went to his people and they said, 'We will swear.' A woman of the Banu Hashim who was married to one of their men and had had a son by him, went to him and said, 'Abu Talib! I wish that my son among these fifty be excused from the oath and that he should not be forced to take the oath when the oaths are taken.' He did that. One of their men came to him and said, 'Abu Talib! You want fifty men to take an oath in place of a hundred camels, so each man is equivalent to two camels. There are two camels. Accept them from me and do not force me to take the oath when the oaths are taken.' He accepted them. So forty-eight men came and took the oath.' Ibn 'Abbas said, "By the One in whose hand my soul is, not a year had passed with any of the forty-eight still alive.'"

Abu Ma‘mar related to us: ‘Abd al-Warith related to us: Qatan abu’l-Haytham related to us: Abu Yazid al-Madani related to us, on the authority of ‘Ikrimah, on the authority of Ibn ‘Abbas, who said: Behold, the first Oath by Fifty which occurred in the Time of Ignorance concerned us, the Banu Hashim. There was a man of Banu Hashim whom a man of another clan of Quraysh hired; and he went with him in charge of his camels. [On the way,] another man of Banu Hashim passed by him; a loop of his saddle-bags was torn, so he said [to the hired man]: Help me out with a camel-rope so that I may tie with it the loop of my saddle-bags; thy camels will not run away.—So [the servant] gave him a camel-rope and he tied with it the loop of his saddle-bags. And when [the caravan] alighted all camels were roped but one. Thereupon the master said [to the servant]: What is the matter with this camel? It hath not been roped like the other camels!—[The servant] answered: It hath no rope.—[The master] said: Where, then, is its rope?—And he hurled a stick against his servant, which brought about the latter’s death. Then the man from Yaman passed by him; and [the dying man] said: Wilt thou take part in the festival [of hajj ]?—[The other] answered: I do not intend to take part in it; but I have often done it.—He said: art thou willing to bear some time a message from me?—[The Yamanite] answered: Yea.—He said: Then, when thou art present at the festival, cry, O people of Quraysh! And when they answer thee, cry, O people of Banu Hashim! And when they answer thee, ask for Abu Talib and tell him that so-and-so hath killed me for the sake of a camel-rope.—And the hired man died. And when the man who had hired him reached [Mecca], Abu Talib went to him and said: What hath become of our friend?—He answered: He fell ill, and I tended him with greatest care; and [when he died,] I buried him.—[Abu Talib] said: He hath well deserved it from thee.—And [the murderer] tarried for some time [in Mecca] Thereafter, behold, the man whom [the victim] had charged with his message came to take part in the festival , and cried: O people of Quraysh!—They answered: These here are Quraysh.—He cried: O people of Banu Hashim!— They answered: These here are Banu Hashim.—He asked: Where is Abu Talib?—They answered: This is Abu Talib.—He [then] said: So-and-so bade me bear the message to thee that so-and-so hath killed him for the sake of camel-rope.—Thereupon Abu Talib went unto him [who had killed their friend] and said unto him: Choose one of these three things: if thou art willing, give one hundred camels [as blood-money], for thou hast killed our friend; or, if thou art willing, fifty men of thy clan may swear that thou didst not kill him; but if thou refuse [both], we shall kill thee for him.— Then the people of his clan came and said: We will swear.—And there came a woman of Banu Hashim who was wedded to one of their men and had borne him children, and said: O Abu Talib! I wish that thou count not this son of mine as one of the fifty, and force him not to take his oath at the place where the oaths are taken.—And [Abu Talib] did so. Then a man of those [fifty] came and said: O Abu Talib! Thou art willing to let fifty men swear instead of [taking] one hundred camels [from the accused]; thus, every man answereth for two camels. Here are these two camels, accept them and force me not to take my oath at the place where the oaths are taken.—And [Abu Talib] accepted the two [camels] Then the [remaining] forty-eight came forward and swore. Ibn ‘Abbas added: And, by Him in Whose hand is my soul! ere the year passed none of the forty-eight remained alive.