Is it permissible for a witness to testify based on recognizing their own handwriting if they do not recall the specific act of witnessing?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
There are conflicting reports regarding this matter. One narration states that testimony is not permissible unless the witness has an actual memory of the testimony. Ahmad, according to one report from Harb, held that one should only testify to what one knows. However, in another narration, Ahmad permitted testimony if the handwriting is recognized, questioning how testimony could otherwise be established. A third view suggests testimony is permissible if the document is written in the witness's own hand, kept under their seal and secure repository, even without explicit recollection. Ahmad also stated that a witness with poor memory should testify and record the matter.
Supporting text
A third opinion suggests testimony is permitted if the document is written in their hand and kept in their repository, but not permitted if it is not kept in such a manner, drawing an analogy to a judge who may uphold a ruling found in their handwriting under their seal but not one otherwise.