What is the effect of retraction if there are more than two witnesses in financial claims or Qisas cases?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If there are more than two witnesses in financial claims or Qisas, and the testimony was established by two witnesses or more than four, and the excess witnesses retract before judgment and execution, this retraction does not prevent the ruling or its execution. This is because the remaining evidence, consisting of at least two valid testimonies, is sufficient to establish the judgment and its execution.
Supporting text
If the excess witnesses retract after the execution has taken place, they are liable for Qisas if their retraction concerns something necessitating it, or for their share of the blood money, or for compensation for what was destroyed through their testimony, if the matter was otherwise. There is a difference of opinion regarding this which shall be detailed later.