What is the ruling if the absent person is only able to secure witnesses whose testimony is not accepted (e.g., a minor or a morally corrupt person)?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the absent person is only able to secure witnesses whose testimony is not accepted (like a minor, a woman, or a morally corrupt person) and thus neglects to secure them, his right of preemption does not lapse because their testimony is not considered valid, placing them akin to children or the insane. Similarly, if he can only find witnesses who would not accompany him to the location of the claim and he fails to witness with them, his preemption should not be invalidated because securing them yields no benefit.
Supporting text
If he can only find individuals of questionable moral standing ('musturi al-hal) and does not secure them, it is suggested that his preemption might lapse because their testimony can potentially be validated through subsequent justification (Tazkiyah), making them similar to two just witnesses. Conversely, it is suggested his right does not lapse because establishing their testimony requires significant effort which he may be incapable of achieving.