Is the oath of mutual accusation (Qasamah) established if the heirs disagree on the accused?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The Qasamah is not established unless all heirs agree upon the accusation against a single individual. If some heirs contradict others, such as one saying, "This person killed him," and another saying, "He did not kill him," or accusing a different person, the Qasamah is voided. This is the established position of Ahmad. This invalidation occurs whether the contradicting heir is just or a transgressor (fasiaq). The supporting evidence is derived from the principle that an admission against oneself is accepted, even if it concerns an unacknowledged co-plaintiff, similar to debt claims. If one heir does not contradict another but also does not concur entirely—for instance, one names an accused while the other states, "We do not know the killer"—the Qasamah is not established based on the explicit condition requiring the heirs to accuse one specific person, aligning with the view of Malik.
Supporting text
Al-Shafi'i holds that the Qasamah is not invalidated by the contradiction of a transgressor because the statement of a transgressor is not deemed acceptable evidence. Furthermore, if one heir claims the accused while the other remains silent (stating, "We do not know the killer"), the apparent view from Al-Khiraqi suggests the Qasamah is void because he stipulated a claim against one person by all heirs.