موطا امام مالك رواية يحييٰ
Muwatta Imam Malik Riwayat Yahya
بَابُ الْمِيرَاثِ فِي الْقَسَامَةِ
Inheritance in Qasama (oath procedure)
Imam Malik, may Allah have mercy on him, said that if some of the heirs of the murdered person are present and some are absent, and those who are present wish to take their share of the blood money by swearing oaths for their portion, this is not permissible until all the oaths are completed. If all fifty oaths are taken, then they may take their share from the blood money, because the crime of blood is not established without fifty oaths, and until the crime of blood is established, the blood money does not become obligatory. Now, if any of the absent heirs arrives, he may take oaths corresponding to his share and take his portion from the blood money, until the rights of all the heirs are fulfilled. If a uterine brother comes, he should take as many oaths as are equal to one-sixth of fifty oaths and take his share; if he refuses, his share will be void. If some of the absent heirs are minors, then fifty oaths will be taken from those who are present, and when the absent one arrives, oaths corresponding to his share will be taken from him as well, and when the minor becomes mature, he too will take oaths corresponding to his share. This is what I have heard as good.
تخریج الحدیث: «فواد عبدالباقي نمبر: 44 - كِتَابُ الْقَسَامَةِ-ح: 2ق5»
بَابُ الْقَسَامَةِ فِي الْعَبِيدِ
Qasama (oath procedure) regarding slaves
Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that when a slave is killed intentionally or unintentionally, and then his master brings one witness each, he should take an oath along with his witness, and after that, he should take the value of his slave. There is no qasamah in the case of a slave, neither in intentional killing nor in unintentional killing, and I have not heard this from any of the people of knowledge.
تخریج الحدیث: «فواد عبدالباقي نمبر: 44 - كِتَابُ الْقَسَامَةِ-ح: 2ق5»
Imam Malik, may Allah have mercy on him, said that if a slave is killed intentionally or by mistake, then neither qasamah nor oath is upon his master, and the master will be entitled to the price only when he brings just witnesses, two or one and takes an oath for the other; I have heard this as good.
تخریج الحدیث: «فواد عبدالباقي نمبر: 44 - كِتَابُ الْقَسَامَةِ-ح: 2ق5»