What is the ruling on the blood money when two factions fight and a person from one faction is found slain upon their separation?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If two factions engage in battle and they separate to find a casualty from one of them, Lawth is directed against the other faction. If their projectiles (like arrows) did not reach each other, Lawth falls upon the faction of the slain, according to Al-Qadi and the Shafi'i school. A narration from Ahmad and the position of Malik state that the blood money rests upon those with whom the deceased's faction fought, unless a specific individual is singled out in the claim.
Supporting text
Ibn Abi Layla opined that the liability rests upon both factions equally, as the death might have resulted from the actions of the deceased's own party, thus making the responsibility shared.