How are the fifty oaths of Qasamah distributed among the male paternal relatives ('Asabah) when homicide is alleged?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The first narration from Ahmad states that fifty male relatives from the paternal kin, whether heirs or non-heirs, shall each swear one oath. This is also a position held by Malik. According to this, the heirs swear first for their share of the blood money. If they are fewer than fifty, the remainder is completed from the other paternal relatives, starting with the closest relative from the tribe to which he belongs and whose lineage to the victim is known. If a man's tribal affiliation is known but the exact line of descent is not known, he does not swear. If fifty are not found, the oaths are returned to them and divided among them. If the division results in a fraction, the fraction is rounded up for them until they reach fifty, based on the Prophetic command to the Ansar: 'Fifty men from you shall swear, and you will earn the blood of your companion.'
Supporting text
The second narration from Ahmad is that only the heirs swear, and the oaths are presented only to the heirs of the slain person, according to their shares of inheritance. This is the apparent view of Al-Kharqi, the choice of Ibn Hamid, and the position of Al-Shafi'i, because it is an oath concerning a claim of right, and it is not legislated for those who are not litigants in other oaths.