What is the legal implication if the guardian claims the compensation received is usurped (*maghsoub*)?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 3

Open in Qurani

Primary text

If the guardian acknowledges that the compensation received is usurped and identifies the person from whom he usurped it, he is obligated to return it to that rightful owner. However, his declaration concerning the person who took it from him is not accepted, because a person's confession is not binding upon another party.

Supporting text

If the guardian claims the property is usurped but does not specify to whom it rightfully belongs, his possession over it is not removed because the rightful recipient has not been definitively identified.