How is the financial liability distributed among retracting witnesses who testified to different elements of the capital offense?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
There are two primary views regarding the distribution of liability. The first view dictates that the liability is distributed equally among the heads (number) of the witnesses, as the execution resulted from all of them, similar to how liability is distributed among witnesses to Zina. The second view divides the liability equally: half to the witnesses of Ahsan and half to the witnesses of Zina, treating them as two distinct contributing parties (Ahzaban), with each party bearing half the cost.
Supporting text
If four testified to Zina and two of those four also testified to Ahsan, the first view (distribution by head count) mandates that the two witnesses to Ahsan bear two-thirds of the liability (one-third for testifying to Ahsan and one-third for testifying to Zina), and the remaining two bear one-third. Under the second view (equal split between the two groups), the witnesses to Ahsan bear three-quarters of the Diyah (half for testifying to Ahsan and half of the remaining half for testifying to Zina).