Muwatta Malik #1720
The Oath of Qasama
Yahya said that Malik said, "The way of doing things in our
community about Yahya said that Malik said, "The procedure in swearing
in manslaughter is that those who claim blood swear and it becomes due
by their swearing. They swear fifty oaths, and there is blood-money
for them according to the division of their inheritances. If it is not
possible to divide up the oaths which they swear between them evenly,
one looks to the one who has most of those oaths against him, and that
oath is obliged against him."
Malik said, "If the slain man
only has female heirs, they swear and take the blood-money. If he only
has one male heir, he swears fifty oaths and takes the blood-money.
That is only in the accidental killing, not in the intentional one."
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This hadith is #1720 from Muwatta Malik, in the Book of The Oath of Qasama. Muwatta Malik contains 1,985 hadiths across 61 books.