Are two sets of witnesses valid if they testify to the same act but differ on a non-mutually exclusive attribute (time, place, or description) and the claimant alleges both acts?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If two witnesses testify to one version of an act and another two witnesses testify to a different version regarding time, place, or attribute, both testimonies are established, provided the act is repeatable. This is because each set of witnesses constitutes a just testimony that would establish the right if presented alone, and the testimony of the other set does not contradict it since both acts can potentially occur. However, if the act is singular and non-repeatable, such as the killing of a specific man, the testimonies contradict because it is known that one set must be lying. If the act is repeatable, and the claimant alleges both acts, both are established for him. If only one act is alleged, only the alleged act is established.
Supporting text
The Qadi held that testimonies contradict in cases like the theft of a white bag versus a black bag at midday, mirroring the ruling on homicide. The correct view is that there is no contradiction because it is possible that two bags (one white, one black) were stolen at midday, and each set of witnesses testified to one. Similarly, two thefts in one day are possible if the item returned to the original owner or another party. If the claim is for two distinct bags, both are established for the claimant if he claims both. If the claim is for two separate thefts on different days or places, or for a white bag versus a black bag in a dispute over usurpation, the claimant may swear an oath with each set of witnesses, and both rights are established if he claims both.