Does a guardian's subsequent admission of error invalidate the Qasamah (oath-taking)?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 3

Open in Qurani

Primary text

If the guardian of the slain person states after taking the Qasamah that he was mistaken, or that he unjustly accused the defendant of murder, the Qasamah is nullified. Consequently, the guardian is obligated to return whatever was taken as compensation because this subsequent statement constitutes a confession against himself, and his confession is accepted. Similarly, if the guardian claims what he took was illicit ('haram') and clarifies that he meant he lied in his initial accusation, the Qasamah is also nullified.

Supporting text

If the guardian states, following the opinion of Abu Hanifa, that he intended for the oaths to fall upon the defendant, the Qasamah does not become void. This is because the Qasamah was established through the judge's independent legal reasoning (*ijtihad*), which takes precedence over the guardian's personal belief in this specific instance.