Is the testimony of two just men sufficient to establish the death of a person and the identity of his heirs?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The testimony of two just men (A'dlan) stating that someone has died and naming specific individuals as his heirs is accepted, provided no other heirs are known. This view is held by Abu Hanifa, Malik, Al-Shafi'i, and Al-Anbari. The justification is that establishing the absolute absence of other heirs is often impossible to know definitively, so the apparent truth, supported by the testimony of the principal witnesses regarding the absence of others, suffices. Furthermore, Abu Al-Khattab stated that this ruling applies whether the witnesses possess internal (Batinah) knowledge or not.
Supporting text
A contrasting view suggests that the testimony is only acceptable if the witnesses possess internal knowledge (Ahl al-Khibrah Al-Batinah), arguing that their lack of knowledge about other heirs is stronger evidence of absence than that of those without such specialized knowledge. This position is attributed to Al-Shafi'i.