What is the ruling when witnesses testify to differing amounts where one witness testifies to an amount and the other to a portion of it, assuming consistent causes and descriptions?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
The testimony is valid, and judgment is passed based on the amount they both agreed upon. This is the position of Shurayh, Malik, Al-Shafi'i, Ibn Abi Layla, Abu Yusuf, Muhammad, Ishaq, and Abu Ubayd. The claimant may then swear an oath regarding the remaining undetermined portion.
Supporting text
It is narrated that Al-Sha'bi held that differing testimony invalidates the entire testimony, requiring both witnesses to stand down. Abu Hanifa is reported to hold that if one witness testifies to a confession of one thousand and another to a confession of two thousand, the testimony is invalid because neither witness attested to the entirety of each respective confession.