What is the liability if one retracting witness claims they both intended the act while the other claims he alone made a mistake?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 16 · Bab 1

Open in Qurani

Primary text

If one witness claims they both intended the act, and the other claims he intended it while his companion made a mistake, Qisas is due from the first witness. Regarding the second witness, there are two possible rulings, similar to the preceding case. Alternatively, if each claims sole intent while the other erred, Qisas may be due from both because each admits to their own intent. Another view suggests only weighty indemnity is due, as no one is held liable for another's admission, and an admission of shared intent involving a mistaken party does not necessitate Qisas.