Is the testimony of two heirs (excluding parents and children) concerning a physical injury valid?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The testimony of two heirs, excluding the parents and direct descendants, regarding a man's injury is admissible if the wounds are already healed. This is because their testimony does not directly result in a benefit accruing to themselves. If the wounds are not healed, their testimony is rejected because there is a possibility that the injured person may die, thereby necessitating the payment of blood money (Diyya) to the witnesses themselves based on their testimony.
Supporting text
If the testimony was initially rejected due to the possibility of financial benefit (while the wound was open) but later the wound heals, there are two opinions on whether the testimony can then be accepted. One view holds that it remains inadmissible because the initial rejection was based on suspicion, which does not retroactively change the ruling, similar to a previously disqualified witness whose testimony is not accepted even after rectifying their status. The second view permits acceptance because the very cause of suspicion has definitively ceased.