Is it permissible for a witness who knows the content of their testimony to deliver it without being asked if the beneficiary is unaware of it?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
If the beneficiary of the testimony is unaware of it, it is permissible for the witness to render the testimony before being requested. This is supported by the statement of the Prophet, peace be upon him: 'Shall I inform you of the best of witnesses? The one who brings his testimony before he is asked for it,' narrated by Muslim, Abu Dawud, and Malik. Imam Malik interpreted this to mean the one who brings his testimony when the beneficiary for whom it is does not know about it. This is the view of Al-Shafi'i.
Supporting text
The apparent nature (itlaq) of this hadith necessitates restricting its application to this specific situation (where the beneficiary is unaware) in order to reconcile between this hadith and the hadith prohibiting giving testimony when the beneficiary is aware. If the beneficiary is unaware, refraining from offering the testimony does not indicate a lack of desire to establish it, unlike the situation where the beneficiary is aware.