Muwatta Imam Malik (Riwayat Yahya)

Imam Malik, may Allah have mercy on him, said that if some of the heirs of the murdered person are present and some are absent, and those who are present wish to take their share of the blood money by swearing oaths for their portion, this is not permissible until all the oaths are completed. If all fifty oaths are taken, then they may take their share from the blood money, because the crime of blood is not established without fifty oaths, and until the crime of blood is established, the blood money does not become obligatory. Now, if any of the absent heirs arrives, he may take oaths corresponding to his share and take his portion from the blood money, until the rights of all the heirs are fulfilled. If a uterine brother comes, he should take as many oaths as are equal to one-sixth of fifty oaths and take his share; if he refuses, his share will be void. If some of the absent heirs are minors, then fifty oaths will be taken from those who are present, and when the absent one arrives, oaths corresponding to his share will be taken from him as well, and when the minor becomes mature, he too will take oaths corresponding to his share. This is what I have heard as good.