If two branch witnesses testify concerning each origin witness, is this permissible?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
It is permissible for two witnesses to testify concerning each of the two origin witnesses. This is stated to be the position of Malik and the Companions of Al-Ra'y (Hanafi school). Al-Shafi'i observed that many judges and muftis permit this, although he formulated two positions regarding it.
Supporting text
The alternative within Al-Shafi'i's view suggests that it is not permissible unless the branch witnesses total four, with two testifying concerning each origin witness. Al-Muzani preferred this view because the entity that establishes one part of the testimony cannot establish the other part. Moreover, if the right is established by one man and two women (as per Al-Shafi'i's opinion on establishing rights), the branch witnesses must be six, and if established by four women, the branch witnesses must be eight.