What is the ruling regarding the share of the perpetrator (Mashhud 'alayhi) concerning Diyya when the witness claims pardon for both Qisas and Diyya?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 3

Open in Qurani

Primary text

If the witness claims pardon for both Qisas and Diyya, the ruling on the perpetrator's share of the Diyya depends on the credibility of the witness. If the witness is one whose testimony is not accepted, the statement of the perpetrator, supported by their oath, prevails, establishing their liability for their share of the Diyya. If the witness is accepted as credible, the perpetrator takes an oath alongside the witness, and the right claimed against the perpetrator is dropped. The perpetrator swears that they pardoned the Diyya, and there is no need to mention the pardon of Qisas in the oath because the Qisas was already dropped by the witness's testimony. Furthermore, the oath is only required concerning what is claimed against the perpetrator, and only the Diyya is claimed against them other than the Qisas.