Is it permissible for a witness to testify to only a portion of what they were asked to witness?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 1 · Bab 1

Open in Qurani

Primary text

When one is asked to witness 'one hundred dirhams and one hundred dirhams' (i.e., two hundred), testifying only to one hundred is disliked (*kariha*). This is permissible only if the phrasing used is 'I ask you to witness for me one hundred and one hundred' (*ashhadu waliyya 'ala mi'atin wa mi'atin*). The witness must report the testimony exactly as it occurred to the judge. If a witness testifies to a larger amount, such as one thousand dirhams, but the judge only has jurisdiction to rule on smaller amounts, like one hundred or two hundred, the witness must testify to the full one thousand, not merely the amount the judge can rule upon. This is based on the principle that the witness must convey the testimony as it was given, supported by the statement: {That is nearer to their bringing forth the testimony in its proper form} (Quran 5:108). Furthermore, allowing testimony to only a part would permit the judge to rule based on only a part of what was witnessed.

Supporting text

Abu al-Khattab held that testifying to only a portion is permissible because whoever testifies to one thousand has indeed testified to one hundred, meaning they are not a liar in testifying to the one hundred. This is analogous to a situation where one person owes one hundred dirhams from one loan and nine hundred from another. However, the initial opinion is sounder because testifying to only one hundred might imply that this specific hundred is separate from the original amount witnessed, potentially leading to an obligation to pay twice.