Imam Malik's Muwatta, Chapter: The Oath of Qasama

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From: Imam Malik's Muwatta
Chapter No. 44, The Oath of Qasama
Hadith No: 2
Narrated/Authority of
Yahya said that Malik said, "What is done in our community about slaves is that when a slave 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 slaves, 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 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."

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