What is the ruling for witnesses retracting testimony regarding property claims?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 3 · Bab 1

Open in Qurani

Primary text

When three witnesses testify concerning a financial matter and one retracts, there are two differing positions. One position mandates that the retracting witness is liable for one-third of the claim. The basis for imposing liability is that the damage occurred due to their testimony, and the retracting party confesses to complicity in the wrongful act. This mandates Qisas liability, similar to admitting direct participation in the killing. Furthermore, the retracting witness is one of those whose testimony caused the destruction, thus he must bear liability commensurate with his share, just as if all retracted. Liability is imposed on the individual retracting witness even if others concur in retraction, just as if four had initially testified.

Supporting text

The second opinion states that the retracting witness bears no liability.