He replied:
If a witness whose testimony is admissible testifies that a particular person killed him, the slain person’s heirs may swear fifty oaths and thereby become entitled to have the accused executed in retaliation. The same applies if there is presumptive evidence of guilt that makes the allegation likely to be true. Otherwise, the defendant must swear an oath and cannot be held liable without proof.
He—may Allah Most High have mercy on him—was asked:
Some people were accused of a killing and were beaten, and one of them confessed under punishment. Does his confession implicate the others?
He replied:
Praise be to Allah. If one upright man confesses that he killed him, this constitutes presumptive evidence of guilt. The slain person’s heirs may therefore swear fifty oaths and thereby become entitled to have the accused executed in retaliation.
But if he confesses under coercion and the truth of his confession has not been established, no legal ruling follows from it, and neither he nor anyone else may be held liable on its basis. Allah knows best.
He—may Allah have mercy on him—was asked:
A group of travelers encountered bandits, and they fought one another. The bandits killed one of the travelers. The slain man’s cousin then pursued the bandits with some of his own people, caught up with them and captured them. He asked who the killer was, and the bandits singled out one of their number, saying, “This man killed your cousin.” So he killed him. It subsequently emerged, however, that the actual killer was the brother of the man whom the bandits had identified?