Yahya related to me from Malik from Ibn Shihab from Irak ibn
Malik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth was
running a horse and it trod on the finger of a man from the Juhayna
tribe. It bled profusely, and he died. Umar ibn al-Khattab said to
those against whom the claim was made. "Do you swear by Allah with
fifty oaths that he did not die of it?" They refused and stopped
themselves from doing it. He said to the others, "Will you take an
oath?" They refused, so Umar ibn al-Khattab gave a judgement that the
Banu Sad had to pay half the full blood-money.
Malik said, "One does not act on this."
Malik said, "One does not act on this."
Muwatta Malik Book 43, Hadith 5