Is the testimony of an heir for the deceased permissible concerning defamation (*jarh*) that has not yet healed?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 4 · Bab 1

Open in Qurani

Primary text

The testimony of an heir for the deceased concerning defamation that has not yet healed is not accepted because the defamation might lead to the death, making the heir liable for the blood money (*diyah*), which means they would be testifying to establish a right for themselves immediately. This is distinct from testifying for a living person who is ill, as the right would accrue to the injured party first.

Supporting text

Testimony for a sick or injured person concerning a debt is accepted, even if the cause of entitlement has been established, because the resulting benefit accrues to the injured party first, and transfer of that right is only potential, thus not barring acceptance, similar to testifying for a creditor.