opinion of al-Khiraqi, the choice of Ibn Hamid, and the opinion of al-Shafi'i; because it is an oath regarding a claim of a right, so it is not legislated for those who are not the claimants, just like all other oaths. According to this narration, it is divided among the heirs who are males—from the sharers and the agnates—according to the measure of their inheritance. If it can be divided without a fraction, such as if the deceased left two [heirs], or a brother and a spouse, each one of them swears twenty-five oaths. And if they were three sons, [or a grandfather and two brothers] (3), the fraction is adjusted for them, and each one of them swears seventeen oaths, because completing the fifty is mandatory, and it is impossible to divide an oath, nor can some of them carry it for others; therefore, it is mandatory to complete the fractional oath for each one of them. If he left a brother from the father and a brother from the mother, the brother from the mother has one-sixth of the oaths, then the fraction is adjusted, so he has nine oaths, and the brother from the father has forty-two. This is one of the two opinions of al-Shafi'i. He said in the other: Each one of the claimants swears fifty oaths, whether they are equal in inheritance or differ (4) in it; because what one person swears if he is alone, each one of the group swears, like the single oath in other claims. It is narrated from Malik that he said: One looks at whoever has the most of the oath [to bear], so it is adjusted upon him, and it drops from the other. Our evidence, regarding the fact that the fifty are divided among them, is the statement of the Prophet (peace and blessings of Allah be upon him) to the Ansar: "You shall swear fifty oaths, and you shall be entitled to the blood of your companion." The maximum that has been narrated from him regarding the oaths is fifty, and if each one were to swear fifty, they would amount to one hundred and two hundred [if multiplied], and this is contrary to the textual evidence; and because it is proof for the claimants (5), so it does not exceed what is legislated in the case of a single person, like the evidence (bayyina). It differs from the oath upon the defendant, for that is not proof for the claimant. And because it was not possible to divide it, it was completed for each (6) one; just like a fractional oath in qasamah, for it is adjusted and completed for each one because it cannot be divided, and what cannot be divided...