How many oaths are prescribed when the defendant is required to swear in a homicide case without evidential suspicion?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The prescribed procedure is a single oath. The reasoning is that the Prophet's (peace be upon him) statement, 'The oath belongs to the defendant,' implies a single oath, as the singular form is used, and the Prophet did not differentiate the legislated oath, thus equating oaths concerning blood with those concerning property. Additionally, since this oath is supported by apparent evidence and established principle, it is not made more severe, unlike other oaths. Furthermore, since it is an oath legislated against the defendant from the outset, it is not intensified by repetition, distinguishing it from other types of oaths.
Supporting text
There is a narration from Ahmad stating that fifty oaths are legislated because it is a claim of homicide, requiring fifty oaths, similar to cases where there is evidential suspicion (lwath) between the parties. Al-Shafi'i also holds two differing opinions on this matter, corresponding to the two narrations from Ahmad.