What is the ruling regarding the oath of present and absent heirs when the killing is intentional versus accidental?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the killing is intentional, the adult present does not swear until the child reaches puberty, and the present individual does not swear until the absent one returns, because the oath of the present adult benefits nothing immediately. If the killing is accidental or intentional-accidental, the present adult may swear and receive their proportional share of the blood money. This is the view of Abu Bakr and Ibn Hamid, and the Madhhab of Al-Shafi'i.
Supporting text
Ibn Hamid held that the present person swears according to their proportional share of the oaths. If two oaths were originally required, the present person swears twenty-five oaths, and so on. Abu Bakr stated that the first person swears the full fifty oaths, as the ruling is not established except by the complete evidence, which is all the oaths. If a second person arrives, he swears twenty-five oaths, based on the previous oath of his brother, according to Abu Bakr. Al-Shafi'i has another opinion where the second person also swears fifty oaths, based on the fact that his brother was entitled to fifty.