What happens to required oaths (ayman) upon the death of the entitled person?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Upon the death of the entitled party, the obligations of the oaths transfer to their heirs. These oaths are divided among the heirs according to their shares of inheritance, and any remaining fraction must be equally distributed among them, similar to how it is handled for the heirs of a slain person. If an heir dies before completing their portion of the oaths, their remaining share of oaths is divided among their own heirs. This is established because the heir assumes the position of the deceased in establishing proofs and claims, just as they assume the position in inheriting property. Thus, the heir possesses the right to present evidence, take an oath in denial, and proceed with a single witness in a monetary claim.