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In the Name of God بسم الله
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Haydar Karrar

Conditions For Being A Witness

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(salam)

 

How's it going everybody? Brace yourselves...

 

What are the conditions for being a legitimate witness under Shari'ah for Nikah, transaction, and against a crime?

 

Must there be two women in place of one man only during a transaction, or does this ruling apply to the other scenarios as well?

 

Can a slave be a witness for Nikah or transaction or in a court against a crime? Can he testify against his master?

 

If the scenario calls for two women in place of one man, will slave women count? If so, how many are required?

 

When is a non-Muslim's testimony accepted? When is a non-Muslim woman's testimony accepted? When is a non-Muslim slave's testimony accepted? When is a non-Muslim slave woman's testimony accepted?

 

Is a non-Baligh's testimony ever accepted? What about a non-Baligh girl? What about a non-Baligh slave? What about a non-Baligh slave girl? 

 

What about a non-Muslim non-Baligh? What about a non-Muslim, non-Baligh girl? What about a non-Muslim, Non-Baligh slave? What about a non-Muslim, non-Baligh slave girl? 

 

Please try to answer as many as you can through any source you find reliable. I have Taqleed of Sayed Sistani (ha), but such detailed questions are usually not found in any common books of the Maraaji'.

 

And this one does not fit the title, but I will ask it anyway: Can an 'Aadil, Baligh, Male, Muslim Slave be a judge? Can he lead prayer? Can attain Ijtihad and be a Marja'?

 

Please do not turn this into something it is not. Do not "hijack" the thread. Let us keep the discussion to what is being asked and to a bare minimum. Thanks ShiaChat peeps.

 

(wasalam)

Edited by Haydar Karrar

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(salam)
(bismillah)

 

Muhammad al-Baqir al-Irwani has listed 8 conditions of a witness, and then lists the proofs for each condition, in his book Duroos Tamdihiyyah fee al-Fiqh al-Istidlaali, vol. 4, pg. 37

 

شرائط الشاهد
 
1 ـ البلوغ فلا تقبل شهادة غير البالغ إلاّ فى القتل فإنّه يؤخذ بأول كلامه.وفي التعدى إلي الجرح خلاف. هذا فى الصبي، و أمّا الصبية فينبغى الجزم بعدم قبول شهادتها.
2 ـ العقل.
3 ـ العدالة.
4 ـ الاسلام، بل الإيمان فلا تقبل شهادة غير المسلم على المسلم ـ إلاّ الذمّى فى الوصية بالمال إذا لم‏يوجد شاهدان عادلان من المسلمين ـ ولا شهادة غير المؤمن.
5 ـ طهارة المولد إلاّ فى الشيء اليسير.
6 ـ أن لاتجرّ الشهادة نفعاً و لاتدفع ضرراً، كشهادة الشريك لشريكه بأنّه اشترى من ثالث عيناً لهما أو شهادة بعض أفراد العاقلة بجرح شهود الجناية
7 ـ أن لا يكون الشاهد ذا عداوة دنيوية مع المشهود عليه ولو لم‏توجب فسقاً.
8 ـ أن لا يكون سائلاً بكفّه.
Conditions for a Witness:
1.) Buloogh, and you do not accept the testimony of (someone) not baaligh, except in murder, and it is taken by his first words, and in aggression until there is disparaging (remark) opposing, and this is for a boy, and as for the girl it is appropriate to not accept their testimony
2.) `Aql
3.) al-`Adaalah
4.) al-Islam, rather Iman, and you do not accept the testimony of a non-Muslim on a Muslim, except for Dhimmi in a Will of money, if you do not find two `Adil witnesses from the Muslim, and there is not Testimony of a non-Mu'min
5.) Clean birth, except in a simple thing
6.) That (someone) does not gain from the testimony, and is not harmed, like the testimony of a partner for his partner...
7.) That the testifier does not have worldly hostility with the person who he is witnessed against, even if there is no entail of immorality
8.) That he is not asking with his hand (i.e. begging)
 
(salam)

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(salam)
(bismillah)

 

Meaning of `Adaalah:

 

al-Mar`ashi says in his Ijmaa`iyyaat al-Fiqh al-Shee`ah, vol. 3, under the section of Conditions of a Witness:

 

والمراد بالعدالة في الشهود حسن الظاهر وعدم مشاهدة الفسق منه بارتكاب الكبائر والإصرار على الصغائر
What is meant by `Adaalah in the Witness is apparent goodness, not seeing fisq from him by committing major (sins) and persistance in minor (sins)
 
 
 
al-Sistani in his Minhaaj al-Saaliheen, vol. 1, Ruling # 29:
 
الاستقامة في جادة الشريعة المقدسة الناشئة غالباً عن خوف راسخ في النفس، وينافيها ترك واجب أو فعل حرام من دون مؤمِّن، ولا فرق في المعاصي من هذه الجهة بين الصغيرة والكبيرة، وترتفع العدالة بمجرد وقوع المعصية وتعود بالتوبة والندم
al-`Adaalah is straightness of the actions in his diligence in (following) the sacred Shari`ah, emerges predominatly from deep fear in the Nafs, and its contradiction are the abandoning of the Waajibaat or doing haraam (actions) without belief, and there is no difference in the sin from these ways between the minor or major, and the `Adalah is removed simply by occurrence of the sin, and it is return by Tawbah and remorse

 

I heard having a beard is also necessary, one who shaves cannot read your nikkah. I heard. In a jummah khutbah.

Beard is not a condition, in it of itself, but it can be construed as a condition. The third condition is `Adaalah, and according to the scholars, the definition of `Adaalah is a person who does is waajibaat and stays away from Haraam actions. According to majority of scholars, shaving the beard is considered haraam, then based off of that it could be said that having a beard is a condition. Although, I have yet to find a scholar say that having the beard (not shaving the beard) is a condition for bearing testimony. 

 

This specific question about shaving the beard and it being a condition of testimony has been discussed at great length by Sunnis. Most Salafis says that the nikkah ceremony done by witnesses without beards is still correct. There are others Sunni scholars like Abu Hanifah who doesn't believe that `Adaalah is a necessary condition for those witnessing a marriage. 

 

(salam)

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(salam)
(bismillah)

 

Muhammad al-Sadiq al-Ruhani in his Fiqh al-Sadiq, vol. 25 lists 6 main conditions or characteristics of a Witness. Then he lists the proofs for each one.
 
1.) al-Buloogh - Do not accept the testimony of someone not baaligh, Then he says there is no ikhtilaaf in this condition, and that the it is stated in Jawaahir al-Kalaam that there is an Ijmaa` on this issue
 
2.) al-`Aql - Do not accept the testimony of the insane, he says there is an ijmaa` on this condition, rather it is from the necessities of the Madhhab and religion
 
3.) al-Imaan - With the specific meaning that he testified to the Imaamah of the 12 Imaams, there is no disagreement, and he claims Ijmaa` on this issue. You do not take the testimony of someone who is not a mu'min, even if they are characterized with Islam (i.e. a Muslim)
 
4.) al-`Adaalah - You do not accept the testimony of Faasiq, and he claims an Ijmaa` on the issue. Later on he says it is following the Waajibaat and abandoning the Muharramaat
 
5.) Absence of Accusations - There is no ikhtilaaf in it and in the book al-Masaalik the testimony of the accused is rejected  and there is an Ijmaa`ah
 
6.) Clean birth - He is not from the walad al-Zinaa, and he claims that this condition is a mashhoor among our people.
 
After he lists these 6 conditions, he goes on to break down the other conditions:
1.) A child can do testimony in a murder case, and that you must take his first words. He talks about how there are some who have said that the boy must be at least 10 years old. 
 
2.) Acceptance of a testimony from the Dhimmi people upon a Muslim in the case of a will
 
3.) You do not accept the testimony of a Faasiq except after he does Tawbah, al-Ruhani claims no ikhtilaaf on this issue
 
4.) Do not accept the testimony of a partner with his partner, wherein he is the partner in it, and al-Ruhani claims no ikhtilaaf on this issue
 
5.) Do not accept the testimony of a guardian in what for him he has wilaayah (authority) in it, al-Ruhani says this issue is mashhoor among our companions
 
6.) Do not accept the testimony of the enemy of the world upon his enemy (i.e. if someone has worldly enmity with another person).
 
7.) Do not accept the testimony of a child upon his father (or, parent) - al-Ruhani says that the Two Saduqs and Two Shaykhs, Salaar, Ibn Hamzah, al-Hilli, al-Muhaqqiq have said this
 
8.) Do not accept the testimony of a friend (of the accused) or the spouse
 
9.) Do not accept the testimony of someone who is hired to it, he claims that it is mashoor among our companions. Also, do not accept the testimony of someone who has his hand out (i.e. begging)
 
10.) Do not accept the testimony of the beneficiary (i.e. someone who will gain by doing the testimony). al-Ruhani says there is no ikhtilaaf he has found in this issue
 
11.) Do not accept the testimony for the Women for sighting the new crescent, for divorce, and for punishments (hudood). al-Ruhani claims that this is mashhoor between our companions. In detailing this, 
a.) al-Ruhani says there is no ikhlaaf among our companions in not accepting the women's testimony for sighting the new crescent. 
b.) Then, al-Ruhani says there is not ikhtilaaf on not accepting the testimony of a women for divorce. 
c.) al-Ruhani then says that it is mashhoor not to accept the testimony of the women in hudood issues where in except what is excluded of which it is famously come.
d.) accepting the testimony of a women with the man in nikkah, al-Mufid said this, and others such as Salaar, Ibn Hamzah, al-Hilli have disagreed with it
e.) accept the testimony of a women in breastfeeding
f.) the Jamaa`ah have professed that non acceptance of the testimony of the women, not when they are solitary, nor when they are affiliated in what is from the rights of humans other than money (issues). Then al-Ruhani says you can accept the testimony of a women in the rights of Allah (i.e. religious rights)
g.) accepting the testimony of a women in what is difficulty in viewing of it of the man
h.) acceptance of the testimony of the midwife in the starting of the inheritance of the home, and from the initiations is that (she testified to) the birth of the living son. al-Ruhani claims no disagreement in this issue
 
(salam)
Edited by Nader Zaveri

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