What is the liability for the original witnesses (Shahid al-Asl) if the secondary witnesses (Shahid al-Far') retract their testimony after the judge has ruled based on it?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the two original witnesses retract their testimony, they are also liable for damages. This view is held by Al-Shafi'i and Muhammad bin Al-Hasan. The right was established through the testimony of the original witnesses, evidenced by the necessity of considering their credibility (Adalah). Therefore, upon retraction, they are liable, similar to the secondary witnesses.
Supporting text
It is reported from Abu Al-Khattab, quoting Al-Qadi, that the original witnesses bear no liability. This is the position of Abu Hanifa and Abu Yusuf, based on the reasoning that the ruling was tied to the testimony of the secondary witnesses, evidenced by the fact that the original witnesses were not held liable when their testimony was used by the secondary witnesses, because the ruling did not depend on their testimony alone.