Does Qasamah (oath-taking for homicide) apply when the accused denies the charge and the accusation involves unintentional killing?

Primary text

If the oaths are returned to the accused parties intentionally, the oath requirement cannot be imposed upon more than one person; in such a case, fifty oaths must be sworn. If the act was unintentional, such as a mistake or near-intentional act, the apparent view of Al-Kharqi states there is no Qasamah, because Qasamah requires *lawth* (suspicion/preponderance of evidence) and enmity, the effect of which is only in intentional killing, not accidental killing, as the probability of error is the same in both intentional and unintentional acts.