What constitutes sufficient absence (ghaybah) of the original witness for accepting derivative testimony?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The absence stipulated for accepting derivative testimony is defined as the original witness being at a location from which they cannot testify and return on the same day. This opinion is held by Abu Yusuf and Abu Hamid among the companions of Al-Shafi'i, based on the hardship imposed on the witness for such travel and the verse prohibiting harm to the scribe or witness (Quran 2:282). If attendance is not required, the hearing of their testimony becomes impossible, necessitating the derivative testimony.
Supporting text
Abu Al-Khattab stipulated the distance that shortens a journey (masafat al-qasr) as the requirement for absence, a view also held by Abu Hanifa and Abu Al-Tayyib Al-Tabari, because distances less than that are treated as being present in terms of dispensation and other rulings.