Is it permissible to testify about a general statement of obligation made by an original witness?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 9 · Bab 1

Open in Qurani

Primary text

If the original witness says, 'I testify that so-and-so owes so-and-so a thousand dirhams,' it is deemed that testimony can be given about his statement. This is the view attributed to Abu Yusuf, as the meaning implies the request, 'Testify about my testimony.' The preferred view is that testimony is permissible when the witness says, 'I testify that I testify on behalf of so-and-so for such-and-such.'

Supporting text

Abu Hanifa states it is not permissible unless he says, 'Testify concerning my testimony that I testify,' because merely saying 'Testify' implies an order to testify but not a request for one to witness the testimony itself. If one hears a witness say simply, 'I testify that so-and-so owes so-and-so a thousand dirhams,' testimony about this is not permitted because there was no explicit request for testimony, and the statement might only signify a promise, which can be metaphorically described as an obligation.