Is the testimony complete if two witnesses testify to separate admissions concerning the same general act, but made at different times?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 2 · Bab 1

Open in Qurani

Primary text

If one witness testifies that the person admitted committing murder on Thursday, and another witness testifies that the person admitted committing the murder on Friday, the testimony is not complete. Similarly, if one testifies to an admission of slander spoken in Arabic, and the other testifies to an admission of slander spoken in non-Arabic (Ajami), the testimony is incomplete. This is because the specific subject attested to by one witness differs from that attested to by the other, preventing the testimony from being completed. This applies also if one testifies to an admission of usurping Dinars, and the other testifies to an admission of usurping Dirhams; the testimony is not completed.

Supporting text

Abu Bakr holds that the testimony is completed in cases of murder and slander even if the locations (Basra or Kufa) or languages (Arabic or Ajami) differ, because these variations are not essential elements that affect the substance required for the testimony.