Is the testimony of two or more Muslims confirming they granted Aman to a captive accepted?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 12 · Bab 1

Open in Qurani

Primary text

Yes, the testimony of two or more Muslims who meet the criteria of valid witnesses, stating they granted Aman to the captive, is accepted. Our evidence is that they are trustworthy Muslims, not suspected, and they testified to his Aman, so it must be accepted, just as if they testified that someone else granted him Aman.

Supporting text

Al-Shafi'i holds that their testimony is not accepted because they are testifying to their own actions. This is rejected because the Prophet (PBUH) accepted the testimony of a wet nurse regarding her actions in the Hadith of 'Uqbah ibn al-Harith.