What is the liability for witnesses who recant their testimony after a person is executed based on their combined statements?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If four witnesses testify to adultery (Zina) and two witnesses testify to the married status (Ahsan), leading to execution (Rajm), and they subsequently retract their testimony, the financial liability (Daman) falls upon all of them. This is based on the reasoning that the execution resulted from the totality of both testimonies, thus requiring compensation from everyone, similar to if all had testified to the Zina itself.
Supporting text
Abu Hanifa holds that the witnesses to Ahsan bear no liability because they testified only to the condition, not the primary cause for execution (the Zina itself), which is established solely by the testimony of Zina. Two opinions exist among the followers of Al-Shafi'i regarding this matter, mirroring the two primary legal positions.