How are Qasamah oaths distributed when multiple defendants are claimed against but only some are present?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If a claim involves three individuals with *lawth*, and only one is present, he swears fifty oaths and one-third of the blood money is due from him. If the second individual appears later, there are two views: one is that he must also swear fifty oaths to establish one-third of the blood money, as the right against one requires the right against the other to be established completely, similar to clear testimony. The second view, considered weak, is that he swears twenty-five oaths, as this would be his share if both had appeared together (fifty oaths divided between two). The principle dictates that oaths are not divided among defendants when they appear together; rather, they are sworn against them collectively through a singular action, making the division into shares invalid.
Supporting text
If the defendants are all present, they swear fifty oaths collectively, and the blood money is due from them in thirds. This procedural detail demonstrates that the presence of the defendant at the time of the oaths is stipulated, because the oaths substitute for clear testimony, requiring the presence of the one against whom they are directed. Similarly, if the oaths are returned to the defendants, the presence of the claimants is required when the defendants swear, unless the claimant appoints an agent whose presence suffices for the principal.