What is the liability upon witnesses to a marriage contract after they retract their testimony upon which a judgment for the dower (mahr) was passed?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
The witnesses who testified to the marriage contract, along with the specific dower amount mentioned, are fully liable for the compensation (daman) if they retract their testimony after a judgment obligating the man to pay that dower has been passed. This liability arises because their testimony was the basis for obligating him to pay the specified dower.
Supporting text
It is alternatively held that the liability should be split, with half falling upon the marriage witnesses and the other half upon the two subsequent witnesses who testified to consummation. This is reasoned by dividing the obligation into four quarters, as the marriage witnesses established the contract while the other two affirmed it.