Is a party obligated to provide a witness for their right if the right is established through clear evidence (bayyinah)?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a right is established before the judge through established evidence (bayyinah), and the right-holder requests an attestation to this, there are two views. The primary view holds that it is not obligatory because the right is already substantiated by evidence, thus rendering another attestation unnecessary. The second view holds that it is obligatory because the attestation serves the new benefit of validating the evidence and binding the opponent.

Supporting text

The second view holds that it is obligatory because providing an attestation serves the new benefit of validating the evidence and obligating the opponent.