What is the ruling if one witness testifies that the killing occurred intentionally and another testifies that it occurred accidentally?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The killing is established without establishing the attribute (intent or accident), and the accused is required to clarify the nature of the act, as previously established. This is because one person may perceive the act as accidental while the other perceives it as intentional, and the ruling is similar to the case where testimony is given regarding confessions of these distinct types of killing.