seen a statement by Ibn al-Mājishūn in an unidentified book that, if the next of kin number more than fifty, each and every one of them must swear one oath; otherwise, they do not establish their right to retaliation.
Section
If the next of kin entitled to waive retaliation is a single man, he cannot establish his right to retaliation through the qasāma oaths unless he finds someone among his agnatic kin or clan, related to him through a known common ancestor, to swear with him. If he finds one man, each of them swears twenty-five oaths. If he finds two or more men, the oaths are divided among them according to their number. If they agree to undertake more of the oaths on his behalf than their allotted share, that is not permissible. If, however, he agrees to undertake more than his allotted share, he may do so up to a maximum of twenty-five oaths. He may not swear more than that.
Section
If the slain person’s next of kin are two men and they wish to seek assistance in taking the qasāma oaths from other relatives lower in the order of entitlement, that is permissible, and the oaths are divided among them according to their number] If those assisting agree that each of them will swear more than his allotted share of the oaths, that is not permissible. If, however, the two next of kin agree that each will swear more than his allotted share, that is permissible. Neither of them may swear more than twenty-five oaths. Once each of the two next of kin has sworn his allotted share of the oaths, as divided according to their total number, there is no harm in some of those assisting swearing more than others.
Section
If one of them has sworn twenty-five oaths and his fellow then finds someone to assist him, then