How is the Qasamah managed when the claimants consist of a mixture of adult men, children, and absent individuals?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 9 · Bab 3

Open in Qurani

Primary text

If there are women and men among the heirs, the men swear, and the status of the women is dropped. If there are children and adult men, or if some are present and some absent, the Qasamah is not established until the absent individual arrives and the child reaches puberty. This is because the right is not established except through the complete evidence, which consists of the oaths of all the heirs, and substitution is not permitted in oaths. If the right is Qisas, it cannot be divided, so the oath of the present adult is of no benefit immediately. If it is otherwise (i.e., monetary compensation), it is not established except through the establishment of the killing, which also cannot be divided.