What is the liability if both retracting witnesses claim they both intended the act, but each accuses the other of making a mistake?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 17 · Bab 1

Open in Qurani

Primary text

If each witness claims intent but is unsure of the other's intent, Qisas is due from both because each admits to their own intent. Alternatively, Qisas may be waived because if each admission were made in isolation, it would not necessitate Qisas, and a person is judged only by their own admission.