What are the ways to establish the freedom (hurriyya) of a witness where it is required?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 2 · Bab 1

Open in Qurani

Primary text

The freedom of a witness must be established through one of three means where it is a necessary consideration. These means are: testimony (bayyinah), confession by the defendant, or the judge's personal knowledge.

Supporting text

The confession of the witness regarding his own freedom is not sufficient because he does not possess the legal capacity to free himself, thus he cannot legally admit to being free, unlike in the matter of Islam.