Is testimony complete if witnesses differ on the nature of the thing testified to, such that they refer to two distinct items?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 2 · Bab 1

Open in Qurani

Primary text

If witnesses disagree on the specific item being testified to, resulting in two different items—such as one testifying to a garment and the other to a dinar—the testimony is not complete. This is because it is impossible to affirm both, as that would establish a right against the defendant based on the testimony of only one witness for each item. Furthermore, affirming one item exclusively is impossible because the other witness did not testify to it, and neither item has precedence over the other.