Does the combination of one witness and an oath (Shahid wa Yamin) override the testimony of two witnesses regarding a bequest (Wasiyyah)?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
There are two views regarding a situation where two witnesses testify that the deceased bequeathed one-third of his wealth to Zayd, and one witness testifies the deceased bequeathed one-third to Amr. One view holds that the testimony of one witness plus an oath (Amr's oath) counters the two witnesses. This is because the witness and oath constitute evidence in matters of wealth, making it analogous to two witnesses. Under this view, Amr shares the third with Zayd.
Supporting text
The opposing view maintains that the two witnesses are stronger and thus prevail over the single witness plus the oath. Consequently, Zayd receives the entirety of the third specified for him, and Amr's bequest is suspended pending the heirs' approval.