When is prior claim (دعوى) not required before accepting testimony?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
Testimony is accepted without requiring a prior claim in matters where the right belongs to an unspecified person, such as endowments for the poor, the needy, all Muslims, a mosque, a public water source (siqayah), or a public graveyard, or wills directed towards such entities. Testimony is also accepted without a prior claim for rights belonging exclusively to Allah (swt), such as purely divine penalties (Hudud Khalisah lillah), Zakat, or expiation (Kaffarah). This is because there is no specific identifiable human beneficiary to make the claim and demand satisfaction. Evidence for this is established by the testimony of Abu Bakra and his companions against Al-Mughirah, the testimony of Al-Jarud and Abu Hurairah against Qudama ibn Maz'un regarding drinking alcohol, and the testimony given against Al-Walid ibn 'Uqba regarding drinking alcohol, all of which were accepted without a preceding claim. Similarly, accepting the initial endowment does not require acceptance or satisfaction from any party.