Is testimony valid if two witnesses disagree on the time, place, or descriptive attribute of a single act?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
Testimony is incomplete if two witnesses differ regarding the time, place, or a description of the act that implies two different acts occurred. Examples include disagreement on the day (Saturday vs. Friday), location (Damascus vs. Egypt), or the object stolen (a dinar versus a garment). In such cases, the testimony is incomplete because two witnesses have not testified to the exact same act. This applies similarly to differences in the time, place, or description of established crimes such as killing or drinking alcohol. The primary view holds that the testimony is incomplete because what one witness affirms, the other does not affirm. This position aligns with the view that if the differing descriptions imply two distinct acts, only one witness testifies to each separate act.
Supporting text
Abu Bakr held that the testimony is complete even if witnesses differ on the attribute of the act, such as one stating a white bag was stolen at midday and another stating a black bag was stolen at midday, or differing on the time (morning vs. evening). The first opinion is considered sounder.