What is the liability when four witnesses testify to adultery (Zina), two subsequently vouch for them, the accused is executed, and it is later discovered the witnesses were morally corrupt (Fasiq) or slaves, or some combination thereof?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If four witnesses testify to Zina, two validate them, the accused is stoned (rajm), and later it is established that the original witnesses were morally corrupt or slaves, or some were, there is no guarantee or liability (Daman) upon the initial witnesses. This is because they maintain they were truthful, and their falsehood was not known with certainty. The liability falls upon the two validators (Muzakkiyyin). This is the position held by Abu Hanifa and Al-Shafi'i.
Supporting text
The position of Al-Qadi is that the liability rests upon the judge because he ruled for execution without fully verifying the stipulated condition (of upright witnesses). He holds that the validators bear no liability because their testimony is a condition (for the judge's action) but is not the direct cause of the penalty. Abu Al-Khattab, in 'Ru'us Al-Masa'il,' states that the liability falls upon the witnesses who testified to Zina.