Can two witnesses testifying to the same act (sale or divorce) occurring at different times complete the testimony?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
The testimony is considered complete when one witness testifies to an act, such as a sale or divorce, occurring yesterday, and another witness testifies to the same act occurring today. This position is held by our scholars (Ashabuna). The reasoning is that the object of testimony is a single event that can occur sequentially, and the difference in time does not constitute a difference in the substance of the event. This is analogous to a situation where one witness testifies in Arabic and the other in Persian; the difference in language does not invalidate the substance of the testimony.
Supporting text
Imam Al-Shafi'i holds that the testimony is not complete. This is because each witness only testifies to a portion of the act occurring at a specific time, which resembles the situation where one person testifies to usurpation (ghasb) occurring at one time, and another testifies to it occurring at a different time.