What is the ruling concerning a retracting witness based on Shafi'i's view?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

Al-Shafi'i holds that the Hadd punishment applies only to the witness who retracts, and not to the other two. This is because the retracting witness admits to lying in his accusation of slander, whereas the Hadd was already obligatory upon the other two due to their testimony. Even though the Hadd was established for the other two, it was only lifted following the retraction of one, and those upon whom the Hadd was established through their testimony are not considered slanderers and thus are not punished, similar to if no retraction had occurred.