Is the testimony of a mute person valid?

Primary text

The testimony of a mute person is absolutely not valid. This is the position held by Ahmad, who stated this ruling even when asked if testimony written by the mute would be accepted, to which he replied with uncertainty. This view aligns with the opinion of the Ashab al-Ra'y (proponents of rationalist reasoning). The primary basis for invalidity is that testimony requires certainty (*yaqin*), and testimony given through gesture does not secure this certainty, unlike the obligatory exceptions made for the mute person's essential transactions (such as divorce or marriage) due to necessity. Gestural testimony is not accepted, similar to the unaccepted gesture of a speaking person, because the evidential standard is not met.