Is it permissible to testify based on overheard admission of a right without explicit instruction from the declarant?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
It is permissible for a witness to testify upon hearing someone admit a right to another person, even if the declarant did not say, 'Testify regarding this,' or 'Testify concerning my admission.' The witness may state, 'I testify that I was present during the admission of so-and-so regarding such-and-such.' This is correct because the witness testifies based on knowledge acquired through hearing, which is sufficient, analogous to testifying based on observed actions.
Supporting text
It is not permissible to testify if the overheard statement concerns an action like 'I borrowed from so-and-so' or 'I received from so-and-so,' unless explicit instruction to testify was given. However, some view exists suggesting that for consensual actions such as loans, receipt, mortgage, sale, separation, and the like, testimony is permissible even without explicit instruction.