1520 - Issue: Abu al-Qasim, may Allah have mercy on him, said: "And if a slain person is found, and his guardians make a claim against a group with whom there is no enmity, and they have no evidence (bayyinah), no judgment shall be issued for them by means of an oath, nor anything else."

The discussion regarding this issue is in two sections:

First: That if a slain person is found in a location, and his guardians claim his murder against a man or a group, and there is no enmity between them, nor any lawth (a circumstantial indicator of guilt), then it is like all other claims. If they have evidence, it is judged for them accordingly; otherwise, the statement is that of the defendant. This is the opinion of Malik, al-Shafi'i, and Ibn al-Mundhir. Abu Hanifah and his companions said: If his guardians claim his murder against the people of the neighborhood or against a specific person, the guardian may choose fifty men from that place, and they shall swear fifty oaths: "By Allah, we did not kill him, nor do we know his killer." If they fall short of fifty, the oaths are repeated upon them until they are completed. When they have sworn, the blood money becomes obligatory upon the rest of the district (khittah), and if there is none, it becomes obligatory upon the inhabitants of the location. If they do not swear, they shall be imprisoned until they swear or confess, due to what was narrated: that a man was found slain between two tribes, so 'Umar, may Allah be pleased with him, had them swear fifty oaths and decreed the blood money upon the closer of the two. Meaning the closer of the two tribes. They said: "By Allah, our oaths did not protect our wealth, nor did our wealth protect our oaths." 'Umar replied: "You have preserved your blood with your wealth." Our evidence is the hadith of 'Abd Allah ibn Sahl, and the saying of the Prophet (peace and blessings of Allah be upon him): "If people were given whatever they claimed, a group would claim the blood and wealth of others; but the oath is upon the defendant."