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Biography: Imam Mālik ibn Anas (rh)

موطا امام مالك رواية يحييٰ
Muwatta Imam Malik Riwayat Yahya
كِتَابُ الْقَسَامَةِ
Book: On the Explanation of Qasamah (Oath in Murder Cases)
بَابُ الْقَسَامَةِ فِي قَتْلِ الْخَطَإِ
Qasama (oath procedure) in accidental killing
Imam Malik, may Allah have mercy on him, said: In the case of accidental killing (qatl-e-khata), the first oaths will be upon the claimants of blood; they will take fifty oaths according to their share in the inheritance (1). If there is a deficiency in the oaths, then the heir who has the largest share in the deficiency will have the full oath placed upon his share (2).


تخریج الحدیث:
Imam Malik, may Allah have mercy on him, said that if the heirs of the murdered person are only women, then they alone will take the oath and receive the blood money. And if the murdered person has only one male heir, then he will be given fifty oaths, and after taking those fifty oaths, he will receive the blood money. This ruling is for accidental killing, not for intentional murder.


تخریج الحدیث: