Who is responsible for paying the blood money when the claimant's oath is established, but the claimant refuses to accept the oath takers' absolution?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The Imam (ruler) pays the blood money from the public treasury (Bayt al-Mal) if the claimant refuses the oath of absolution by the defendants, as occurred in the case of Abdullah ibn Sahl at Khaybar when the Ansar refused to swear against men they considered disbelievers. The Prophet (peace be upon him) paid it himself out of aversion to letting his blood go uncompensated.
Supporting text
If payment from the public treasury is impossible, nothing is obligatory upon the defendants, because the oath was the means by which they would have been obligated, and since the rightful recipients refused to execute that means (the oath of absolution), no other obligation is incumbent upon them, analogous to a refused claim for monetary rights.