What is the ruling if the plaintiff (wali) affirms the second person's confession that he is the killer?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the guardian affirms the second person's confession or demands the punishment for homicide (*Qawad*) from him, the guardian is obligated to return any blood money received from the first defendant, and the claim against the first defendant is nullified. This subsequent action is treated as an admission by the guardian that his original lawsuit was invalid.
Supporting text
There are differing scholarly opinions regarding whether the plaintiff can then seek compensation from the confessor (the second person). One view permits the claim because the confession establishes a right against the confessor, similar to other rights. The second view denies the claim because the plaintiff's original suit against the first person implicitly involved absolving the second person from blame, meaning the plaintiff cannot now pursue the one he effectively absolved.