Muwatta 2577

Malik said: if the claimants swear, they claim the blood of their companion and kill the one they swore against. Only one person is killed on the oath of fifty, not two. Fifty men from the heirs of the blood swear fifty oaths; if their number is small or some of them refuse, the oaths are returned to them, unless one of the heirs who may pardon the killer refuses, in which case there is no way to the blood. Yahya said Malik said: the oaths are returned to those who remain only when someone refuses who may not pardon; if one of the heirs who may pardon refuses, the oaths are not returned to those who remain. ¹

Belongs to the Muwatta, Book of Qasama. Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on oath of fifty (qasama) and retaliation (qawad).