Must the condition of impossibility for original testimony persist until the final judgment?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 3 · Bab 1

Open in Qurani

Primary text

The condition requiring the unavailability of the original witnesses must remain effective until the judgment is rendered. If derivative witnesses testify, but the judge does not rule until the original witnesses appear, the ruling must await hearing the testimony of the original witnesses. This is because the judge gains the ability to hear the original testimony before acting upon the substitute, invalidating the use of the substitute. This is analogous to one who performs Tayammum (dry ablution) finding water before praying; the ruling is suspended.