Is the testimony of two witnesses accepted if they testify that a husband has delegated the divorce of his wife to another person while the wife is in the process of dying?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 1 · Bab 1

Open in Qurani

Primary text

The testimony of two witnesses is not accepted if they testify that a husband has delegated the divorce of his wife while she is between two breaths (near death) and that the delegation occurred. This is rejected because they establish a benefit for themselves, specifically the nullification of the husband's right over the *bud'* (private part/marital right), which they view as their own possession. Furthermore, if they testify that the agent withheld divorce (a form of cancellation of the delegation of divorce), their testimony is also rejected because they secure a benefit for themselves, namely the continuation of the wife's maintenance (nafaqah) upon the husband.