For if the right is a retaliation (qisas), it is not possible to divide it, so there is no benefit in the qasamah of the present adult, and if it is other than that, it is not established except through the establishment of the killing, and that also cannot be divided. The Qadi said: If the killing is intentional, the adult does not take the oath until the minor reaches puberty, nor does the present person until the absent person arrives, because the swearing of the present adult does not benefit anything in the immediate situation. However, if it is something that entails wealth, such as unintentional killing or quasi-intentional killing, the present, accountable (mukallaf) person may swear and receive his share of the blood money. This is the opinion of Abu Bakr, Ibn Hamid, and the school of al-Shafi'i. They disagreed on how much the present person swears. Ibn Hamid said: He swears according to his share of the oaths; if the guardians are two, the present person swears twenty-five oaths; if they are three, he swears seventeen oaths; if they are four, he swears thirteen oaths. Every time an absent person arrives, he swears according to what is upon him and receives his right, because if everyone were present, he would not be obligated to perform more than his share, so it is the same if some of them are absent, as in all other rights. Furthermore, since he is not entitled to more than his share of the blood money, he is not obligated to perform more than his share of the oaths. Abu Bakr said: The first person swears fifty oaths. This is the opinion of al-Shafi'i, because a ruling is not established except by complete proof, and the proof is all of the oaths. For this reason, if one of them claimed a debt owed to their father, he would not be entitled to his share of it except by proof establishing the whole of it; and because the fifty [oaths] in the qasamah are like a single oath in all other rights. If he claimed money in which he had a share and had a witness for it, he would swear a complete oath, and it is the same here. If the second person arrives, he swears twenty-five oaths in one view according to Abu Bakr, because he builds upon the preceding oaths of his brother. Al-Shafi'i said: There is another opinion, that he also swears fifty oaths, because his brother only became entitled [to the claim] by fifty, so he is the same. If a third person arrives, or [a minor] reaches puberty, then according to the opinion of Abu Bakr, he swears seventeen oaths, because he builds upon the oaths of his two brothers. According to the opinion of al-Shafi'i, there are two views; one of them is that he swears seventeen oaths, and the second is that he swears fifty.