What is the ruling if one witness testifies to a confession of intentional killing and another testifies only to a confession of killing?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The killing is established because the proof (witness testimony) is complete regarding the act, even though the attribute (intentionality) is not established due to incomplete proof concerning that attribute. The accused is questioned regarding the attribute. If the accused denies the fundamental act of killing, the denial is not accepted because the proof is established. If the accused confesses to intentional killing, it is established by confession. If the accused confesses to accidental killing and the heir denies it, the statement of the killer is accepted. The ruling concerning requiring an oath in this latter case yields two opinions.
Supporting text
If the heir confirms the accidental nature of the killing, it is established against the killer. If the accused confesses to intentional killing but the heir denies it, stating it was accidental, retribution (Qawad) is not obligatory because the heir does not claim it, and blood money for accidental killing is required.