How are the oaths divided among heirs when the killing is alleged, according to the second narration from Ahmad?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The oaths are divided among the male heirs who have fixed shares (*dhawi al-furud*) and the residuaries (*'asabah*) according to their inheritance shares. If the division is exact without remainder, such as two heirs, each swears twenty-five oaths. If there are three sons, two brothers, or two brothers, the fraction is rounded up for each one, making each swear seventeen oaths, because completing the fifty oaths is obligatory, and the oath cannot be fractioned, nor can some carry it for others.
Supporting text
If the deceased leaves a full brother and a consanguine brother (from the mother's side), the maternal brother has one-sixth of the oaths, and the remainder is rounded up, meaning he swears nine oaths, and the full brother swears forty-two oaths. This is one opinion of Al-Shafi'i. Another opinion of Al-Shafi'i is that each claimant swears fifty oaths, regardless of whether they have equal or differing shares, because what one swears individually, each member of the group swears individually, like a single oath in other claims. Malik held that one considers who has the largest number of oaths due, and the remainder is imposed upon him, relieving the others. This latter view is rejected because it involves excusing someone from an obligation they share, which is not permissible.