Muwatta 2578

Yahya said: Malik said: the oath of fifty in blood is distinguished from oaths in rights because a man who lends to another asks for proof of his claim, and a man who wants to kill another does not kill him in a group of people, but seeks privacy. If the oath of fifty applied only where proof is established, and were treated as rights are, blood would be lost and people would become bold about it. But the oath of fifty was given to the heirs of the victim, who begin with it, so that people restrain themselves from bloodshed and so that the killer is warned that he may be taken on the word of the victim in such a case. ¹

Belongs to the Muwatta, Book of Qasama. Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on oath of fifty (qasama).