Where is the blood money (Diyah) paid if the defendant refuses the oath in a case of homicide?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The blood money must be paid from the public treasury (Bayt al-Mal). This is the correct position, chosen by Abu Bakr. This ruling follows the principle that a judgment established by refusal of the oath is established here, as in all other claims. Furthermore, obligating payment from the public treasury prevents the nullification of blood rights and the rights of the claimants when compensation is possible.
Supporting text
The ruling of the Qadi is that the Imam pays the money from the public treasury, which is explicitly stated by Imam Ahmad. Another narration from him suggests the Diyah is due from them (the defendants).