What is the apportionment of liability (daman) when a judge rules based on the testimony of one man and two women, and the witnesses later retract their testimony?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If a judge rules on a financial matter based on the testimony of one man and two women, and the witnesses subsequently retract their testimony, the liability for damages (daman) is distributed among them such that the man is responsible for half, and each woman is responsible for a quarter. This ruling is held by Abu Hanifa and Al-Shafi'i because every two women are considered equivalent to one man. If only one witness retracts, that individual bears their respective share of the liability.
Supporting text
An alternative opinion, supported by Abu Yusuf and Muhammad, suggests that the liability should be split equally, with half falling upon the man and half upon the women. This is based on the reasoning that the man constitutes half of the required testimony (half of the *bayyinah*), evidenced by the fact that if he alone retracts after the judgment, his retraction is treated as if all the women retracted, thus establishing the man as one party and the women as the other party.