disagreement between Ibn al-Qāsim and Ashhab over the apportionment of the oaths among the wives, daughters, and sisters as groups. They differ only over how the oaths allocated to each group are divided among its members. When the oaths are apportioned among them, the wives are allocated six and one-quarter oaths, the daughters thirty-three and one-third oaths, and the sisters ten oaths plus three-eighths and one-third of an oath. The fractional oath is rounded up for the sisters because their share of that fraction is greater, or for the daughters because their share of the oaths is greater, according to the differing opinions on this matter.
The wives are thus left with six oaths. If there are four wives, each swears two oaths according to Ibn al-Qāsim’s position. According to Ashhab’s position, each swears one oath, and then two of them swear one further oath each. The daughters are left with thirty-three oaths if the fractional oath is rounded up for the sisters. If there are ten daughters, each swears two oaths according to Ibn al-Qāsim’s position. According to Ashhab’s position, each swears one oath, and then one of them swears one further oath.
If a dispute arises among them over who is to swear the remaining oaths, I have come across a statement by Ibn Kināna that the ruler is not to compel anyone to swear them. Rather, they are told: “You will receive nothing unless you swear the remaining oaths.” It would seem that Ashhab would say the same, or that lots should be drawn among them to determine who swears them. Some jurists have advocated the latter, but presented it as following Ibn al-Qāsim’s position, whereas it is consistent only with Ashhab’s position.
Section
If they refuse to swear the oaths, or one of them refuses, there are five opinions within the school concerning this.
The first is that the oaths are referred to the ʿāqila (the group collectively liable for the blood money). All of them must swear, even if they number ten thousand, and the killer is treated as one of them. Whoever swears incurs no liability, while whoever refuses must pay the share due from him. This is one of Ibn al-Qāsim’s two opinions, and it is the clearest of these opinions and the soundest upon examination.