What is the requirement for the witnesses' certainty regarding the content of the judge's letter?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 4 · Bab 1

Open in Qurani

Primary text

The witnesses' testimony must confirm their knowledge of the meaning of the writing and what pertains to the ruling. It is sufficient if they remember the core subject matter, the established facts, the boundaries, and the established prices, even if the text is extensive. If the judge has the document folded and sealed, stating, 'This is my letter, testify upon me regarding what is within it,' or 'I make you witnesses upon myself regarding what is within it,' this method of securing testimony for transmission is invalid.

Supporting text

Abu Hanifa and Al-Shafi'i agree with the invalidity of the summarization method described above. However, Abu Yusuf permits this method if the judge seals it with his seal and address, allowing the witnesses to testify upon arrival that it is the judge's letter.