Are the conditions of testimonial integrity (e.g., adala/righteousness) required for both original and derivative witnesses?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The prerequisites of testimony, such as righteousness and others, must be verified for every original and derivative witness, as the judgment rests upon both testimonies. There is no known disagreement on this point. If the derivative witnesses affirm the righteousness of the original witnesses and testify to their testimony, it is accepted without dispute. If they do not affirm their righteousness, the judge accepts the testimony and investigates the original witnesses' standing himself; if he confirms their righteousness, he rules, otherwise he inquires.
Supporting text
Al-Thawri and Abu Yusuf held that if the derivative witnesses do not affirm the righteousness of the original witnesses, the judge should not hear the derivative testimony because failing to affirm it introduces suspicion for the judge. This is refuted because the derivative witnesses might genuinely not know the original witnesses, deferring the inquiry to the judge, or they might know and waive it, relying on what is already established before the judge.