Is the testimony accepted if the witnesses state they do not know of any heirs in this town or a specific land?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 2 · Bab 1

Open in Qurani

Primary text

The testimony is not accepted if the witnesses limit their statement of ignorance regarding heirs to a specific locality, such as 'we do not know of an heir in this town' or 'in such and such land.' This position is held by Malik, Al-Shafi'i, Abu Yusuf, and Muhammad. The reasoning is that such limited testimony does not prove the absence of an heir, as they might know of heirs elsewhere, analogous to stating they know of no heir in a specific room.

Supporting text

Abu Hanifa holds that this testimony should be accepted, similar to when they state generally they know of no heir. This is also mentioned as a reported opinion (Madhhab) of Ahmad.