In the name of Allah, the Most Merciful, the Bestower of Mercy. May Allah bless Muhammad.

Book of Qasāma (Oaths in Homicide Cases)

Section: The Obligation of Retaliatory Execution through Qasāma

We have already stated that retaliation is established by one of three means: upright eyewitness testimony to the killing, the killer’s confession, or qasāma.

No scholar disputes that retaliation becomes obligatory through testimony or confession. We have already discussed the scholarly disagreement concerning its particulars. As for qasāma, Mālik, al-Shāfi‘ī in one of his two opinions, and a number of other scholars held that it establishes the obligation of retaliation.

The basis for this is the saying of Allah, Mighty and Majestic:

“And whoever is killed unjustly, We have given his heir authority.” [al-Isrā’: 33]

That is, proof entitling him to retaliation, in which he must not overstep the bounds, for “authority” means proof. Thus Allah—exalted is He—used the word “authority” to express in general terms that which validly establishes retaliation and makes it obligatory.

It is also established: “The Messenger of Allah, may Allah bless him and grant him peace, ruled by qasāma in the case of the Ansārī who was killed at Khaybar. He said to his next of kin: ‘Will you swear fifty oaths and thereby become entitled to retribution for your companion’s blood—or to his killer?’ They replied: ‘We did not witness it, nor were we present.’ He said: ‘Then the Jews may clear themselves before you by swearing fifty oaths.’ They said: ‘O Messenger of Allah, how can we accept the oaths of people who are unbelievers?’ So the Messenger of Allah, may Allah bless him and grant him peace, paid his blood money from his own resources.”

This is an authentic hadith; there is no