What is the liability of two witnesses who testified to a marriage that a judge then confirmed, if they later retract their testimony?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If two witnesses testify to a woman's marriage, the judge confirms it, and the husband divorces her before consummation, the witnesses incur no liability because they did not deprive her of anything substantial. If consummation occurred, and the stipulated *mahr* (dower) was equal to or greater than the *mahr al-mithl* (dower of her peers) and was delivered to her, the witnesses are not liable. This is because she received compensation for what was compromised concerning her rights.
Supporting text
If the stipulated *mahr* was less than the *mahr al-mithl* and was delivered, the witnesses are liable only for the difference between the stipulated *mahr* and the *mahr al-mithl*. If the stipulated *mahr* was not delivered to her, the witnesses are liable for the full *mahr al-mithl* because they deprived her of her due compensation.