Is a judge permitted to rule based on testimony if the witness became blind after giving the testimony but before the judgment was rendered?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
If a witness testifies before the judge and subsequently becomes blind before the judgment is passed based on that testimony, the judge is permitted to rule upon it. This view is held by Al-Shafi'i, Abu Yusuf, and Muhammad. The rationale is that the incapacity arose after the testimony was delivered and does not create suspicion regarding the state of the witness at the time of testifying; thus, it does not prevent the acceptance of the testimony, similar to the case of death after testimony.
Supporting text
Abu Hanifa maintains that ruling based on such testimony is not permissible because blindness is a defect that prevents the acceptance of testimony when present, as it is akin to moral transgression (fisq), which prevents ruling based on testimony.