What is the ruling if witnesses disagree on the time or instrument used in the killing?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The testimony is not complete if one witness testifies the killing occurred in the morning ('udwah) and the other in the evening ('ashiyyah), or if one testifies it was done with a sword and the other with a stick. This is the position of the Shafi'i school. This is because each witness contradicts and invalidates the statement of the other, as killing in the morning is a different event from killing in the evening, and one cannot simultaneously kill by one instrument and then by another, unlike the case of intent versus accident where the physical act is singular and the dispute concerns the unseen intention.
Supporting text
Abu Bakr held that the killing is established despite the disagreement on the attribute (time or instrument) because they agreed on the act of killing and only differed on its description, making it similar to the disagreement over intent versus accident.