What happens to the derivative testimony if the original or derivative witnesses die or become insane before judgment?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 5 · Bab 1

Open in Qurani

Primary text

If both the original and derivative witnesses die, the judgment is not prevented. Similarly, if the original witnesses die before the derivative witnesses give their testimony, the derivative testimony can still be given and acted upon. Their death constitutes a condition for hearing the derivative testimony and ruling, so it cannot become a bar to the ruling. The same applies if they become insane, as their insanity is treated as their death.