What is the validity of secondary testimony (Shahid Far'un) based on primary testimony (Shahid Asl)?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
If a primary witness testifies to a right, and a secondary witness testifies based on the testimony of another primary witness, this is permissible. If a primary witness testifies, and then that witness and another secondary witness testify based on a different primary witness, the secondary testimony is ineffective, having the same ruling as if only one witness testified based on the primary witness.
Supporting text
There are differing reports from Ahmad concerning the requirement for the person admitting the right (Muqirr) to explicitly instruct the witness to testify by saying, 'Testify regarding my testimony' (Ishhad 'ala shahadatī). One report suggests testimony is invalid without this explicit instruction, mirroring the requirement for direct testimony acceptance. Another report differentiates based on the admission: testimony is disallowed if one admits a loan (Qard), but allowed if one admits a debt (Dayn), viewing the admission of debt as a stronger acknowledgment of liability than a loan, which might have already been repaid. A fourth report states that if a person overhears an admission, they have the option to testify or not when summoned, though the general obligation to testify when summoned applies.