What is the required standard of knowledge for the witnesses who testify regarding the deceased and the absence of other heirs?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
Our associates state that the ruling holds whether the two witnesses possess intrinsic knowledge (*al-khibra al-batina*) or not. If the witnesses lack intrinsic knowledge and long-standing familiarity, their testimony is insufficient to negate the existence of other heirs, as their ignorance is not proof of absence. In this case, the property is held in abeyance (*mawquf*), and the present heir does not receive his share until the judge investigates the relevant areas and announces a proclamation that if an heir exists, he must appear. Once the judge is reasonably confident that any existing heir would have come forward, the present heir receives his share. Whether a guarantee is then required remains subject to two views.
Supporting text
Shafi'i holds that if the witnesses possess intrinsic knowledge but fail to explicitly state that they know of no other heir besides those named, the ruling follows the previous standard. If a fixed-share inheritor (*dhū farḍ*) is present among the heirs, his full fixed share is granted based on the apparent ruling of the school.