Yahya said that Malik said, "When the relatives of the deceasedaccept the blood-money then it is inherited according to the Book ofAllah. Daughters of the dead man inherit and so do sisters, andwhichever women would inherit from him ordinarily.If thewomen do not take all his inheritance, then what remains goes to theagnatic relations who most deserve to inherit from him in conjunctionwith the women."Malik said, "When one of the heirs of a mankilled by mistake attempts to take his due from the blood-money whilehis companions are absent, he may not do that, and he has no right toany of the blood-money, however large or small, unless the qasama hasbeen completed by him. If he swears fifty oaths then he has the rightto his portion of the blood-money. That is because the blood-money isnot established as due without there being fifty oaths, and the blood-money is not established as due unless the responsibility for theblood is established. If any one of the heirs comes after that heswears a number of the oaths commensurate with his fraction of theinheritance and takes his right until all the heirs exact theircomplete right. If a maternal uncle comes he has one sixth and mustswear one sixth of the fifty oaths. So whoever swears may take his duefrom the blood-money and whoever abstains annuls his right. If one ofthe heirs is absent or is a child who has not reached puberty, thosewho are present swear fifty oaths and if the one who was absent comesafter that or the child reaches puberty, they swear. and they swearaccording to their due of the blood-money and according to theirshares of inheritance from it."Yahya said that Malik said,"This is the best I have heard on the matter."
USC-MSA web (English) reference: Book 44, Hadith 2
Arabic reference: Book 44, Hadith 1600