Is the testimony of a blind man accepted?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The testimony of a blind man is accepted regarding matters established through widespread report (istifadah) and interpretation (tarjamah), and when the person makes an admission while the blind man is present and has control over his hand on his head, and this is confirmed until the judge is present, then he testifies. This is the view held by those who differ from al-Shafi'i in some aspects. The justification is that since the blind man is a just man whose narration is accepted, his testimony should be accepted, similar to a sighted person. The difference from a child is that a child is neither a man, nor just, nor is his narration accepted. Furthermore, hearing is one of the senses by which certainty is attained, and the person testified against might be someone the blind man has known intimately, and he is certain of their voice, thus his testimony regarding what he is certain of must be accepted, like the sighted person. There is no way to deny the attainment of certainty in some situations. Qatadah stated that hearing has a criterion (qiyafah) similar to the criterion of sight. Thus, the testimony is accepted regarding what is established through widespread report, provided he knows the two witnesses whose reports he heard to establish certainty in their justice. If knowing the two witnesses is sound, then knowing the confessor is also sound. There is no dispute regarding the acceptance of his narration, and that he may accept testimony from his wife if he recognizes her voice, and that accepting marriage is valid, and that the confusion of voices is possible, just as the confusion of images is possible. The difference from actions is that the basis for actions is sight, which is impossible for the blind man, whereas the basis for statements is hearing, in which he participates with the sighted man, and perhaps excels him. This differs from handwriting, for even if one is certain of the content written or saw the writing occurring, one cannot testify to what was written therein.
Supporting text
Al-Shafi'i permits the blind man's testimony regarding widespread reports (istifadah) and interpretation (tarjamah), and when the admission occurs while the blind man is present and controlling the person's head, but he does not permit it otherwise. This is because one whose testimony concerning actions is invalid also has invalid testimony concerning statements, like a child. Also, voices can be confused, so certainty is not achieved, meaning testimony based on sound is not permitted, similar to handwriting. If this is established, the blind man may only testify when he is absolutely certain of the voice and knows the person testified against with certainty. If it is possible that the voice belongs to someone else, his testimony is not permitted, just as if the sighted person mistakes the person testified against and does not know them.