Musannaf Ibn Abi Shaybah

Hazrat Muammar narrates that Imam Zuhri was asked about a person in such a situation. The owner of the house said: "Indeed, he came to me at night to steal my wealth, so I killed him." But the family of the slain said: "Indeed, this person had invited him to his house and then killed him." Upon this, Imam Zuhri said: "If fifty people from the family of the slain swear that the owner of the house invited him and then killed him, I will exact retribution (qisas) from him. But if they refuse to swear, then they will be responsible for paying blood money (diyah)." Imam Zuhri said: "Hazrat Ibn Affan also gave the same verdict regarding the slain of Banu Baqarah. When his heirs refused to swear, Hazrat Uthman made them responsible for paying the blood money."