Is the testimony of members of the Asaba (blood relatives responsible for Diyya) regarding an injury leading to Diyya payable by the Asaba admissible?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If some members of the Asaba of the accused testify that the witnesses inflicted an injury necessitating Diyya payable by the Asaba, their testimony is rejected, even if they are poor. This is because they might become wealthy at the time of payment, thus making them liable to pay on their own behalf. However, if the injury is one for which the Asaba is not responsible, such as intentional injury (jirah al-'amd) or injury inflicted upon a slave, the testimony of the Asaba members concerning the witnesses' injury is heard. This is because the consequence of such an injury is retribution (Qisas) or direct financial liability for the perpetrator, which the Asaba does not bear. This also applies if the witnesses testify concerning the accused's own admission of the injury, as the Asaba does not bear the burden of an admission.
Supporting text
If the witnesses' testimony concerns an injury resulting in liability for less than one-third of the Diyya due to mistake (khata'), the admissibility of the Asaba member's testimony depends on the timing relative to the healing of the wound. If the Asaba member testifies against the witnesses before the wounds heal, the testimony is rejected because the injury might result in death, making the Asaba liable. If the testimony occurs after healing, it is accepted because the Asaba is not liable for damages below one-third of the Diyya. Furthermore, if the two witnesses are not currently part of the liable Asaba, but would only become liable if a closer relative died, their testimony is accepted, based on the opinion of Al-Qadi, because their liability is contingent upon a future event (the death of the closer relative) while the person is alive. This differs from a poor man testifying, as a rich man has no immediate indicator of future wealth, whereas every living soul will eventually die.