Swearing in the Case of Manslaughter

Yahya said that Malik said, " The procedure in swearing in the case of 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 rights of inheritance. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has the most of those oaths against him, and that oath against him is taken."

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 case of accidental killing, not intentional."

44.4 Inheritance in Cases of Qasama

Yahya said that Malik said, " When the relatives of the deceased accept the blood-money, then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily. If the women do not take all his inheritance* then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

* i.e. when there are no male Qur'anic heirs.

Malik said, " If one of the heirs of a man who was killed by mistake attempts to take his due from the blood-money while his fellow heirs are absent, he may not do so, and he then has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood-money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete rights. If a maternal uncle comes he has one-sixth and must swear one-sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear, and they swear according to their due of the blood-money and according to their share of inheritance from it."

Yahya said that Malik said, " This is the best I have heard on the matter."

Swearing for Blood Revenge in Cases Involving Slaves

Yahya said that Malik said, " What is done in our community about slaves is that when a save is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in the case of slaves, whether they were killed accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."

Malik said, " If a slave is killed intentionally or accidentally, the master of the slave who is slain has no rights of swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."

Yahya said that Malik said, " This is the best of what I have heard on the matter."

Madina

45.1 Making Du'a' for Madina and its People

1 Yahya related to me from Malik from Ishaq ibn 'Abdullah ibn Abi Talha al-Ansari from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, " O Allah! Bless them in their measure and bless them in their sa' and mudd." He meant the people of Madina.

[cf Bukhari 2023, also in Muslim]

2 Yahya related to me from Malik from Suhayl ibn Abi Salih from his father that Abu Hurayra said, " When people saw the first fruits of the season, they brought them to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, took them and said, 'O Allah, bless us in our fruits! Bless us in our city. Bless us in our sa' and bless us in our mudd. O Allah, Ibrahim is Your slave, Your Khalil and Your Prophet. I am Your slave and Your Prophet. He prayed to You for Makka. I pray to You for Madina the same that He prayed to You for Makka, and the like of it with it.' Then he called the smallest child he saw and gave him the fruits."

[In Muslim]

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