What is the liability of a witness who retracts their testimony after a judge has ruled based on that testimony plus an oath?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If a judge rules based on one witness and an oath, and the witness subsequently retracts their testimony, the witness is liable to compensate the full amount of the judgment. This position is stated by Ahmad, according to a narration from a group of his associates. The evidence supporting this lies in the fact that the witness constitutes the proof of the claim (hujjat al-da'wa), and thus the liability for compensation rests upon them, similar to two witnesses. Furthermore, the oath itself is merely the statement of the opposing party and serves only as a condition for the judgment, not as independent proof against the opponent.
Supporting text
Malik and Al-Shafi'i hold that the witness is liable for only half the amount, arguing that the witness represents one of the two pillars of the claim, making their liability equivalent to that of a second witness. Additionally, a third opinion derived from the school suggests that the witness is only required to compensate for the amount adjudicated if the ruling is dependent on the oath being returned to the plaintiff.