Is testimony based on prior testimony (testimony of testimony) permissible?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
Testimony based on prior testimony is permissible according to the consensus of the scholars. This view is held by Malik, Al-Shafi'i, and the Companions of Al-Ra'y (Ahl al-Ra'y). Abu Ubayd stated that the scholars of Hijaz and Iraq unanimously agreed on upholding testimony based on prior testimony concerning financial matters.
Supporting text
The permission is based on necessity, as refusing it would invalidate testimony regarding endowments (waqf) or matters whose establishment before the judge is delayed, where the original witnesses then die, causing public harm and severe hardship. Therefore, it must be accepted, similar to the original testimony.