What is the ruling if heirs accuse different individuals?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If one heir claims, "This person killed him," and the other claims, "This person and so-and-so killed him," the Qasamah is not established according to Al-Khiraqi's view because the accusation must be against only one person. If there is disagreement regarding the accused party, the heirs may swear the oaths concerning the person they agree upon and are entitled to half the blood money, but retaliation (qawad) is not due. This is because retaliation is only due upon an accusation against a single person. The entitlement is limited to half the blood money because one heir contradicts the other regarding the remaining half, leaving the doubt (lawth) applicable only to the agreed-upon half, while the portion contradicted is not established by the oath of the contradicting party.
Supporting text
The position contrary to Al-Khiraqi suggests that they swear on the one they agree upon and are entitled to half the blood money. The full blood money is not due because the oath of one does not suffice to establish the other half, as one heir denies the claim against the other individual named.