فَإِنْ عُثِرَ عَلَىٰٓ أَنَّهُمَا ٱسْتَحَقَّآ إِثْمًا فَـَٔاخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ ٱلَّذِينَ ٱسْتَحَقَّ عَلَيْهِمُ ٱلْأَوْلَيَـٰنِ فَيُقْسِمَانِ بِٱللَّهِ لَشَهَـٰدَتُنَآ أَحَقُّ مِن شَهَـٰدَتِهِمَا وَمَا ٱعْتَدَيْنَآ إِنَّآ إِذًا لَّمِنَ ٱلظَّـٰلِمِينَ Qur’an Al-Ma'ida (5:107)Fain AAuthira AAala annahuma istahaqqa ithman faakharani yaqoomani maqamahuma mina allatheena istahaqqa AAalayhimu alawlayani fayuqsimani biAllahi lashahadatuna ahaqqu min shahadatihima wama iAAtadayna inna ithan lamina alththalimeena
I.e., from among the rightful heirs of the deceased.
Istahaqqa = Deserved having something (good or evil) attributed to one; hence the alternative meanings: (1) committed or was guilty (of a sin): (2) had or claimed a lawful right (to property). The procedure was followed in an actual case in the Prophet's life-time. A man from Madinah died abroad, having made over his goods, to two friends, to be delivered to his designated heirs in Madinah. They, however, kept back a valuable silver cup. When this was found out, oaths were taken from those who knew, and justice was done.