What is the proper formulation in a letter transmitting unadjudicated testimony?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If a judge writes to inform another judge of testimony established before him regarding a right (without issuing a final judgment), the letter should state, 'So-and-so testified before me concerning such-and-such.' The receiving judge should then rule based on this. It should not state, 'It was established before me,' as that implies a prior judgment, which may only be accepted across long distances (the distance allowing shortening of prayers). If the distance is short, the letter transferring testimony is treated like testimony-upon-testimony, requiring specific criteria for acceptance.
Supporting text
Abu Yusuf and Muhammad permit acceptance even in short distances, arguing it is a letter from a judge confirming what was established before him, like a letter containing a final judgment. The correct view is that transferring testimony to another jurisdiction requires treating it like testimony-upon-testimony, unlike transmitting a final judgment which is merely reporting news.