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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The oath of the accused in the qasamah in the presence of enmity

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Question:
The Shaykh’s view on the qasamah: If a deceased person is found to have killed another person, and the person against whom the claim is brought denies that he committed the killing, while there is enmity present, does he have the right to take fifty oaths?

Answer:
No. If the claimants swear, nothing is accepted from the accused. If the claimants swear, retribution is carried out against him. Even if he lies to them and says, “It is not true, and I have an objection, and I have such and such,” it is not accepted from him. Yes, based on the saying of the Messenger (peace and blessings be upon him)
Fifty of you shall swear, and one of them shall swear, and we shall hand him over to you in full.يحلف خمسون منكم على واحد منهم ندفعه لكم برمته،
If the oaths reach fifty, retribution is carried out against the one against whom the oath was sworn, i.e., the accused, and no objection is accepted from him.
Source قناة «العلامة الدكتور صالح الفوزان»، 80 من 89|شرح العدة في شرح العمدة|كتاب الديات|باب كفارة القتل|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:15:29)

The Arabic text is a machine transcription of the audio recording.

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