What is the consequence when witnesses who established a claim retract their testimony after the judge has ruled?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If four witnesses testify to the amount of four hundred, and the judge rules based on this testimony, and subsequently, each witness retracts a portion of their testimony, each is held responsible for restitution proportional to the amount they retracted. Specifically, if one retracts one hundred, he owes twenty-five; if another retracts two hundred, he owes fifty; if the third retracts three hundred, he owes seventy-five; and if the fourth retracts four hundred, he owes one hundred. This is because each retracting witness admits to causing the defendant to lose one quarter of the amount from which he retracted.
Supporting text
The position attributed to Abu Hanifa states that the witness retracting three hundred and the witness retracting four hundred are not obliged to pay more than fifty each. This is because the two hundred upon which both witnesses retracted is not incumbent upon the retracting witness of three hundred, as two witnesses remain for the two hundred that they both retracted from.