Can a single witness plus the claimant's oath establish rights in corporal or non-financial matters?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
Nothing concerning corporal punishments or non-financial matters (such as marriage or divorce) is established by the testimony of one witness accompanied by the claimant's oath. Ahmad and Malik restricted the use of one witness with an oath specifically to financial matters. This exclusion covers penalties, marriage, divorce, manumission, theft, and homicide.
Supporting text
It is narrated that if a slave claims manumission and brings one witness, he takes an oath with the witness and becomes free, a ruling supported by Ahmad. Similar possibilities exist for matters like writing contracts, patronage, bequests, deposits, and agency, leading to two narrations in these areas, except for corporal punishments and marriage rights, where the oath with one witness is unequivocally rejected. The prevailing position is that all these matters require two witnesses. Evidence for limiting the oath to finances includes narrations from Abu Hurayrah and Ibn Abbas, indicating that consultation with Gabriel concerning judgment by oath with a witness was limited to financial transactions.