of the place are liable to the fine, in confequenee of the body being
found among them, on this condition, that the heirs bring their fuit
againft them; but where they accufe a ftranger, this precludes any ac-
cufation againft them, whence fuch accufation is not afterwards attended
to, nor are they liable either to the oath or the fine, becaufe
of the requifite condition not exifting in this inftance.
The oath and Ip a body of people affemble in a place with arms, and afterwards
pofedoVSe difperfe, and a perfon be found {lain.in that place, the oath and fine
inhabitants of are imp0fcd on the inhabitants of the divifion, as 'the flain is found
a dinnct in * • i i r i i /I
which a per- amongft them, and the regulation and guard or the place reits upon
flain a toa them. If, however, the heirs of the deceafed accufe the body of peo-
pie who had affembled, as above, or any one of them in particular,
cufe foine (-^g oath and fine are not impofed on the inhabitants ; becaufe the ac-
Fons in parti- cufation, being thus laid, exempts them from any concern in the
cukr' matter, and confequently, from any obligation to take the oath. It is
to be obferved, however, that where the heirs lay their accufation
againft the body affembled, or any individual of them, thofe are not
liable to any thing until the heirs produce evidence in proof of their af-
fertion ; becaufe a matter of right cannot be eftablifhed on the fimple
claim of the plaintiff.
Cafe of a I f a perfon.be difcovered flain in a camp, pitched on a plain which
?o"ndflin?n does not belong to any one. in particular, and the body be found in a
a ‘amp. tent, the oath and fine are impofed on the owners of the tent,— or, if
not in a tent, they are impofed oh the owners of the tent neareft to the
fpot;— If, on the contrary, the plain in which the camp is pitched be
the property of any one, the oath and fine are impofed on him.
There is no If a body of Muffulmans and o f infidels affemble with arms for the
i”bldy found purpofe of fighting, and a perfon be afterwards found flain among
»fterafight. them, his blood is of no account, nor is the oath or fine impofed on
8 any,
any, becaufe it is evident that the deceafed was flain by an open enemy.
If, on the contrary, they affemble with any other view, and not for
the purpofe of fighting, the fame rules obtain as are fet forth in the
preceding example ; that is, i f the body be found in a tent, the oath
and fine are impofed on the owners of the tent, or, i f not in a tent,
they are impofed on the owners of the tent neareft to the fpot, provided
the camp was pitched on ground not belonging to any perfon -
but if otherwife, the owner o f the ground is refponfible.
If a perfon, on being required to take the oath, fhould declare
that “ the deceafed was murdered by fuch a perfon,” he muft be
fworn to this effeft,— “ By G od I did not kill the deceafed, nor do
“ I know his murderer, except fuch an one-,” — becaufo it is to be apprehended
that by his allegation, “ fuch an one committed the murder,”
he may mean to fcreen himfelf from profecution ; and therefore fuch
allegation is not to be credited; but he is fworn, asaforefaid; in
order to guard againft the poflibility of a mental refervation in his
oath.
I f two inhabitants of a place* bear evidence againft a perfon not
belonging to that place that “ he murdered the deceafed,” ftill their
teftimony is not credited, according to Haneefa. T h e two difciples
maintain that it muft be credited ; for although they ftand within the
poflibility o f becoming litigants themfelves in the matter ■ +•, yet upon
the heirs laying their accufation in another quarter, they are no longer
in this predicament. Their teftimony is therefore credited ; in the
fame manner as holds in the cafe of an agent for litigation, difmiffed
from his employment before he has proceeded in his fuit,— whofe evidence
is credited notwithftanding he had flood in a predicament to be
* In which a perfon is found flain.
f In cafe o f the heirs laying their accufation againft that place.
L 11 2 a litigant.
Form of the
oath, in ac-
cufing an individual.
The evidence
of the inhabitants
of the
place is not
admitted, either
againft
a Jlrangify