If a slave permitted to engage in trade buys a slave, and he is killed, the qasamah belongs to his master, not him; because what the authorized [slave] buys is owned by his master, not him, and this is why [the master] has the right to seize it from him. If the mukatab (slave in a manumission contract) becomes insolvent before he swears the oaths, his master may swear the oaths; because he has become the one entitled to the compensation for the killed person, in the status of the heirs of a free person if he dies before swearing the oaths. If the master grants his slave or his umm al-walad a slave as property, and he is killed, the qasamah belongs to the master, whether we say that the slave owns [the property] through the grant, or does not own it; because if he does not own it, the ownership belongs to his master, and if he does own it, it is not a fixed ownership, which is why his master has the right to seize it from him; and it is not permissible for him to dispose of it (7) without his master's permission, unlike the mukatab. If he bequeaths to his umm al-walad the compensation for the slave, the bequest is valid, even if [it had not yet become obligatory] (8), just as a bequest of fruit that has not yet been produced is valid. The qasamah belongs to the heirs; because they are the ones who stand in the place of the testator in establishing his rights. If they swear the oaths, the compensation is established for her through the bequest, and if they do not swear, she has no right to swear, just as if the heirs refrain from swearing the oath with a witness, the creditors do not have the right to swear with him.

Section: A person under interdiction (hajr) due to incompetence (safah) or bankruptcy (falas) is the same as one who is not under interdiction regarding a claim of killing or a claim against him, except that if he acknowledges a debt or if blood money (diyah) becomes binding upon him due to refusing to swear the oath, it does not become binding upon him while he is under interdiction; because his acknowledgement of debt at the present time is not accepted in relation to taking anything from his wealth at the present time, as is known in its proper place.

Section: If a Muslim is wounded, then apostatizes and dies while in the state of apostasy, there is no qasamah for it; because his life is not considered inviolable (daman), and only the wound is guaranteed, and there is no qasamah in matters other than the life itself. Furthermore, his wealth becomes fay' (spoils), and fay' does not have a specific beneficiary for whom the qasamah would be established. If he dies as a Muslim, but his heir apostatizes before the qasamah, Abu Bakr said: He has no right to swear, and if he swears, it is not valid; because his ownership of his wealth and his rights ceases, so he does not remain entitled to the qasamah. This is the opinion of al-Muzani. This is also because the apostate has precipitated...