Is the presence of a visible mark (*athar*) on the deceased a prerequisite for establishing *lawth*?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The presence of a mark on the deceased is not a condition for *lawth*. This is the position held by Malik and Al-Shafi'i. The evidence is that the Prophet, peace be upon him, did not inquire among the Ansar whether their slain man had a mark or not. Furthermore, death by killing can occur without a visible mark, such as suffocating the face, strangulation, crushing the testicles, or a strike to the heart, thus equating such cases with those bearing a mark. Moreover, even someone with a mark could have died from natural causes, a fall, or self-inflicted injury.
Supporting text
A narration from Ahmad, the position of Hammad, Abu Hanifa, and Al-Thawri holds that the presence of a mark is a condition because, without a mark, it is possible the person died of natural causes. Under the opinion requiring a mark, if blood exits the ear, it constitutes *lawth* because this typically results only from strangulation or a specific injury. Whether blood exiting the nose constitutes *lawth* is subject to two differing views.