Is the testimony of the defendant against the witnesses who testified to defame him valid?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The testimony of the defendant against the witnesses who testified to defame him, or the testimony of the killer's kinship group (*aqilah*) in a case of accidental homicide against the witnesses who testified against them, is considered, as it involves defending themselves from paying *diyah*. If the two witnesses testifying to defamation are poor, their testimony might be accepted because they bear no *diyah*, but it might also be rejected due to the possibility of them becoming solvent before the year passes and thus being liable.
Supporting text
Similarly, regarding a distant relative who would not be liable due to distance, acceptance is uncertain because they might inherit if nearer relatives die before the year passes, making them liable. The testimony of a guarantor for the guaranteed party regarding the discharge or forgiveness of a debt is not accepted. Likewise, the testimony of one preemption claimant against another regarding the waiver of his preemption right is invalid because it secures the right for the testifying claimant. The testimony of some creditors of an insolvent person against others regarding the discharge or collection of their debt is also invalid, as is the testimony of a beneficiary of a will against another beneficiary concerning something that invalidates the bequest, if the bequest would cause them to contest the thirds for either mutual restriction or specific assigned assets.