What is the liability upon the two validators (Muzakkiyyin) if the testimony they validated was false and led to execution?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
The liability falls upon the two validators because their validation constituted bearing false witness (Shahadat Al-Zour) that resulted in execution. This is analogous to the case where the original witnesses of Zina retract their testimony, in which case liability is established against them. There is no liability upon the judge in this primary scenario because liability can be shifted to the witnesses, resembling the case where witnesses retract their testimony.
Supporting text
The argument that the validators' testimony is merely a condition (for the judge's action) is rejected. The established principle dictates that witnesses of marital status (Ihsaan) are liable even if they do not testify to the primary act (Zina) itself, a position affirmed by Ahmad. The view of Abu Al-Khattab is rejected because the initial witnesses did not retract their testimony, nor was their falsehood known initially, unlike the validators, whose falsehood was made evident, meaning they bore false witness.