The first [section]: Regarding the Lawth (circumstantial evidence) required for Qasamah (oaths to establish homicide). There is a disagreement in the report from Ahmad regarding it. It is narrated from him that Lawth is the clear enmity between the victim and the defendant, such as that which existed between the Ansar and the Jews of Khaybar, and what exists between tribes, clans, and villagers between whom there is bloodshed and war, and between the people of transgression and the people of justice, and between the police and thieves, and anyone between whom and the victim there is a grudge that makes it predominant in one's assumption that he killed him. Muhanna narrated from Ahmad, regarding one who is found killed in the Sacred Mosque, that it should be examined who among them had something with him during his lifetime—meaning a grudge for which they are held accountable. The Qadi did not mention anything other than enmity regarding Lawth, except that he said regarding two groups fighting and then scattering from a dead body, that the Lawth is upon the group from which the victim does not belong, regardless of whether the killing occurred through close combat or archery. And if the arrows did not reach [the target], the Lawth is upon the group of the victim. Once this is established, it is not a condition along with the enmity that there be no one in the place where the victim is other than the enemy. Ahmad explicitly stated this in the narration of Muhanna that we mentioned, and the words of al-Khiraqi also indicate it. The Qadi stipulated that the victim be found in the place of an enemy who is not mixed with others, and this is the Madhhab of al-Shafi'i; because the Ansari was killed in Khaybar and there was no one in it except the Jews, all of whom were enemies. And because whenever others are mixed with them, it is possible that the killer was that other person. Then the Qadi contradicted his statement, saying regarding a group who crowded in a narrow passage and scattered from a dead body: If there is among the group one between whom and the victim there is enmity, and it is possible that he killed him because of being near him, then it is Lawth. Thus, he made enmity a Lawth despite the presence of non-enemies. Our evidence is that the Prophet (peace and blessings of Allah be upon him) did not ask the Ansar: "Was there anyone in Khaybar other than the Jews or not?" even though the appearance suggests the presence of others therein, as it was property belonging to the Muslims, and they would frequent it to collect the yields of their properties.