What is the validity of testimony concerning waiver among three co-claimants?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 4 · Bab 1

Open in Qurani

Primary text

If two co-claimants testify regarding the waiver of the third claimant after they themselves have waived, their testimony is accepted. However, if they testify before they themselves have waived, their testimony is rejected.

Supporting text

If two co-claimants testify after one of them has waived but before the other has waived, the testimony of the non-waiving claimant is rejected, while the testimony of the waiving claimant is accepted.