Does Qasamah apply when the victim is a non-Muslim or a slave, and the killer is someone upon whom Qisas is obligatory?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the victim is a disbeliever or a slave, and the killer is someone upon whom *qisas* is obligatory due to killing a person of equal status, then Qasamah is established. This is the view of Al-Shafi'i and the People of Opinion (Ashab al-Ra'y). The master of the slave swears the oath because the master is the one entitled to the blood. This rule also applies to the mother of the child (*umm al-walad*), the *mudabbir* (a slave designated for manumission upon master's death), the *mukatab* (a contracted slave buying his freedom), and those whose manumission is contingent upon a condition, as the status of servitude remains upon them.
Supporting text
Al-Zuhri, Al-Thawri, Malik, and Al-Awza'i hold that there is no Qasamah for the killing of a slave because the slave is property (*mal*), and Qasamah is not obligatory for killing property, analogous to killing an animal.