موطا امام مالك رواية يحييٰ
Muwatta Imam Malik (Riwayat Yahya)
كتاب القسامةBook: On the Explanation of Qasamah (Oath in Murder Cases)
بَابُ تَبْدِئَةِ أَهْلِ الدَّمِ فِي الْقَسَامَةِChapter on giving precedence to the family of the victim in qasamah (oath procedure)
Hadith 1539B6
قَالَ مَالِكٌ : وَالْقَسَامَةُ تَصِيرُ إِلَى عَصَبَةِ الْمَقْتُولِ، وَهُمْ وُلَاةُ الدَّمِ الَّذِينَ يَقْسِمُونَ عَلَيْهِ وَالَّذِينَ يُقْتَلُ بِقَسَامَتِهِمْ.
Imam Malik, may Allah have mercy on him, said that if a tribe, in which there are many people, is accused of bloodshed and the heirs of the murdered person wish to have them swear oaths, then each person among them will swear fifty oaths. It will not be that fifty oaths are divided among all of them; this is what I have heard as correct.
Imam Malik, may Allah have mercy on him, said: Qasamah will be directed towards the agnates of the murdered person, who are the rightful claimants of the blood. Only they are made to swear oaths, and it is by their swearing of oaths that retribution (qisas) is taken.
Imam Malik, may Allah have mercy on him, said: Qasamah will be directed towards the agnates of the murdered person, who are the rightful claimants of the blood. Only they are made to swear oaths, and it is by their swearing of oaths that retribution (qisas) is taken.
