Muwatta 2587

Malik said: if some of the heirs of an accidentally killed man stand and want to take from the blood-money a share equal to their right, while their companions are absent, they may not take it and are not entitled to any of the blood-money, however small or large, until they complete the oath of fifty, and each swears fifty oaths. When they swear fifty oaths, they are entitled to their share of the blood-money, because the blood is not established except by fifty oaths, and the blood-money is not established until the blood is. If any of the heirs comes afterwards, he swears from the fifty oaths in proportion to his inheritance and takes his right, until the heirs complete their rights. If some of the heirs are absent or a child who has not reached puberty, those present swear fifty oaths; if the absent one comes later, or the child reaches puberty, they swear according to their shares of the blood-money. Yahya said: Malik said: this is the best I have heard. ¹

Belongs to the Muwatta, Book of Qasama. Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on mirath, qasama and diya.