What are the proper procedures for a judge to secure testimony regarding his written communication?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The issuing judge must summon two men to travel to the jurisdiction of the recipient judge. The original document is read to these two witnesses, either by the judge or another person, although it is most cautious that they review what is read. The judge must then have them testify, saying, "Testify upon me that this is my letter to so-and-so." It is preferable to state, "Testify upon me regarding what is contained within it." If the communication is lengthy and cannot be memorized, each witness should write down the substance and compare notes for retention. Upon delivery, the document is read to them again, and they must state, "We testify that this is the letter of the judge so-and-so to you; he made us testify concerning what is within it."
Supporting text
Abu al-Khattab argued that the witnesses must explicitly say, "We testify that this is the letter of so-and-so," as it constitutes the performance of testimony (*ada' shahadah*), and they must state that it originated from his place of work. A different view held by Abu Yusuf suggests that if the document is sealed and addressed, the witnesses can testify to its substance even if they did not memorize every detail, by analogy to testifying about the contents of a sealed bag of money, but this is refuted because the testimony concerns an unknown quantity.