Is testimony accepted if a litigant initially claimed to have no witness but later produced one?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
Testimony is accepted if a litigant, having initially stated, "I do not know of any witness for me," subsequently produces witnesses. This is permissible because it is possible that the litigant possessed knowledge of the witnesses but did not realize it until a later time. Abu al-Khattab stated that if a litigant says, "I do not know of any witness for me," and two witnesses then testify for him, his testimony is heard. The ruling is the same regarding the testimony of a guardian for orphans under his charge as it is for a trustee (Wasi), as the reason preventing the acceptance of testimony (being a claimant in their rights) is present in both cases.