Chapter on Whose Testimony Must Be Rejected and Whose Testimony Must Be Accepted

And in another narration, Imam عليه السلام said: "The testimony of the one who arouses suspicion (Al-Mureeb), the adversary (Al-Khasm), the one evading a financial obligation (Dafi' Maghram), the hired worker (Ajir), the business partner (Shareek), the accused (Mutaham), or the follower (Tabi') is not valid. Furthermore, the testimony of a wine drinker (Sharib Al-Khamr), a player of chess (Shatranj) and dice (Nard), and a gambler (Muqamir) is not accepted."

And Ali ibn Asbat narrated from Muhammad ibn Al-Salt who said: I asked Abu Al-Hasan Al-Ridha عليه السلام about a group of travelers who were ambushed by robbers on their journey. The robbers were captured, and some of them testified in favor of the others. Imam عليه السلام replied: "Their testimony is not accepted except if it is accompanied by a confession from the robbers themselves or testimony against them from others."

And Al-Hasan ibn Mahbub narrated from Al-Alaa, from Muhammad ibn Muslim, from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام: "The testimony of a Muslim slave is valid against a free Muslim."

And Al-Hasan ibn Mahbub narrated from Hisham ibn Salim, from Ammar ibn Marwan, who said: I asked Abu Abdullah عليه السلام, or it is said that one of his companions asked him, regarding a man who testifies in favor of his father, or a brother for his brother, or a man for his wife. Imam عليه السلام said: "There is no harm in that if he is righteous. His testimony is accepted for his father, and a father's testimony is accepted for his son, and a brother's testimony is accepted for his brother."

And in another report: "The testimony of a child against his parent is not accepted."

And Al-Hasan bin Zayd narrated something similar from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام, from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: "Umar bin Al-Khattab was presented with Qudamah bin Maz'un, who had drunk alcohol. Two men testified against him-one of them was a eunuch, Amr Al-Tamimi, and the other was Al-Mu'alla bin Al-Jarood. One of them testified that he saw him drinking, and the other testified that he saw him vomiting alcohol. Umar then sent for a group of the companions of the Messenger of Allah سبحانه وتعالى, peace be upon him and his family, among them Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام. Umar said to Imam Ali ibn Abi Talib عليه السلام: 'What do you say, O Abu Al-Hasan? For you are the one about whom the Messenger of Allah سبحانه وتعالى, peace be upon him and his family, said: "The most knowledgeable of this nation and the one who judges with truth."' Imam Ali ibn Abi Talib عليه السلام said: 'They have not differed in their testimony, for he would not have vomited it unless he had drunk it.' Umar then asked: 'Is the testimony of a eunuch acceptable?' Imam Ali ibn Abi Talib عليه السلام replied: 'The loss of his testicles is no different than the loss of some other part of his body.'"

And Isma'il bin Muslim narrated from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام, from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, from his forefathers, peace be upon them, who said: "The testimony of one who harbors enmity or one who has a disgraceful reputation in religion is not accepted."

And the Prophet, may Allah سبحانه وتعالى bless him and his family, said: "Whoever testifies before us with a testimony and then changes it, we will accept the first (testimony) and discard the second (testimony)."

And Muhammad ibn Muslim narrated from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: "Do not pray behind one who seeks payment for the call to prayer and leading people in prayer, and his testimony is not accepted."

And Al-'Ala ibn Sayabah narrated from Abu Abdullah عليه السلام, who said: "The testimony of the player of nard (a type of board game), the one who plays arba'ata 'ashar (a gambling game), and the player of chess is not accepted. They say, 'No, by Allah سبحانه وتعالى,' and 'Yes, by Allah سبحانه وتعالى,' and 'By Allah سبحانه وتعالى, his king (chess piece) died,' and 'By Allah سبحانه وتعالى, his king (chess piece) was killed,' while Allah سبحانه وتعالى, exalted is His mention, is the true King who neither dies nor is killed."

And Sama'ah ibn Mehran narrated from Abu Baseer, from Abu Abdullah عليه السلام, who said: "There is no harm in the testimony of a guest if he is chaste and upright." Imam عليه السلام also said: "The testimony of an employee for his employer is disliked, but there is no harm in his testimony for someone else, and there is no harm in his testimony for the employer after leaving his service."

And Fadalah narrated from Aban, who said: Abu Abdullah عليه السلام, was asked about two partners, one of whom testified for the other. Imam عليه السلام said: "His testimony is valid except in something where he has a share."

And it was narrated from Talhah ibn Zayd, from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام, from his father Imam Muhammad ibn Ali Al-Baqir عليه السلام, from his forefathers, from Imam Ali ibn Abi Talib عليه السلام, who said: "The testimony of children is valid among them as long as they have not dispersed or returned to their families."

And it was narrated by Isma'il ibn Muslim, from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام, from his father Imam Muhammad ibn Ali Al-Baqir عليه السلام, from his forefathers, from Imam Ali ibn Abi Talib عليه السلام, who said: "The testimony of children, if they testified while they were young, is valid when they grow older as long as they have not forgotten it. Likewise, the testimony of Jews and Christians, if they embrace Islam, is valid. Also, the testimony of a slave, if he was made to testify and then was freed, is valid as long as the judge did not reject it before his emancipation." And Imam عليه السلام said: "If the slave was freed specifically for the purpose of testimony, his testimony is not valid."

And it was narrated by Al-Hasan ibn Mahbub, from Al-Ala', from Muhammad ibn Muslim, from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: "The testimony of a slave from the people of the Qiblah (Muslims) is valid against the People of the Book (Jews and Christians)."

And it was narrated by Muhammad ibn Abi Umayr, from Al-Ala' ibn Sayabah, from Abu Abdullah عليه السلام, who said that Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, said: "The testimony of one who hastens ahead of the pilgrims is not accepted, as he has killed his mount, consumed his provisions, exhausted himself, and neglected his prayers." It was asked: "What about the muleteer, the camel driver, and the sailor?" Imam عليه السلام said: "There is no harm in them; their testimony is accepted if they are righteous."

And it was narrated from Abdullah ibn Al-Mughirah who said: I asked Imam Ali ibn Musa Ar-Ridha عليه السلام, about a man who divorced his wife and brought two witnesses who were Nasibis. Imam عليه السلام said: "Everyone who is born upon the natural disposition (Fitrah) and is known for righteousness in himself, his testimony is accepted."

And it was narrated from Ubaydullah ibn Ali Al-Halabi who said: I asked Abu Abdullah عليه السلام, whether the testimony of the People of the Book (Ahl al-Dhimmah) is valid against those not of their religion. Imam عليه السلام said: "Yes, if witnesses from their own religion cannot be found, then the testimony of others is valid, for it is not right for anyone's rights to be lost."

And it was narrated by Al-Hasan ibn Ali Al-Washsha' from Ahmad ibn Umar, who said: I asked Imam عليه السلام about the saying of Allah سبحانه وتعالى, the Almighty and Majestic: "Two just men from among you or two others from outside you." (Surah Al-Ma'idah 5:106) Imam عليه السلام said: "The two from among you are Muslims, and the two from outside you are from the People of the Book (Ahl al-Kitab). And if none from the People of the Book can be found, then from the Magians, because the Messenger of Allah سبحانه وتعالى, peace be upon him and his family, said: 'Deal with them as you would with the People of the Book.' And this applies if a man dies in a foreign land and cannot find two Muslims to bear witness, then two men from the People of the Book may act as witnesses."

And it was narrated by Hammad from Al-Halabi, who said: I heard Abu Abdullah عليه السلام, say: "Regarding a mukatab (a slave under a contract of emancipation), there was a time when people did not stipulate that if he failed to fulfill the terms of his contract, he would revert to slavery. But today, they stipulate this condition, and Muslims are bound by their conditions. If a mukatab commits an offense requiring a legal punishment (hudud), he is punished in proportion to the extent to which he has been freed." I asked: "What if half of him has been freed? Does his testimony in matters of divorce count?" Imam عليه السلام said: "If he testifies alongside a man and a woman, his testimony is accepted."

And it was narrated by Abdullah ibn Al-Mughirah from Abu Al-Hasan Imam Ali ibn Musa Ar-Ridha عليه السلام, who said: "Whoever is born upon the natural disposition (fitrah) and is known for his righteousness in himself, his testimony is valid."

And it was narrated from Al-Ala ibn Sayabah who said: I asked Abu Abdullah عليه السلام, about the testimony of one who plays with pigeons. Imam عليه السلام said: "There is no harm if he is not known for sinfulness." I said: The people around us say that Umar called them to be a 'devil'. Imam عليه السلام replied: "Glory be to Allah سبحانه وتعالى! Do you not know that the Messenger of Allah سبحانه وتعالى, peace and blessings be upon him and his family, said: 'Indeed, the angels flee from gambling and curse its participant, except for activities involving hoofs, claws, feathers, and arrows, for the angels attend such activities.' And the Messenger of Allah سبحانه وتعالى, peace and blessings be upon him and his family, raced with Usamah ibn Zayd and ran horses."

And it was narrated from Dawud ibn Al-Husayn who said: I heard Abu Abdullah عليه السلام, say: "Establish testimony against parents and children, but do not establish it against a brother in religion out of harm (al-ḍayr)." I said: What is al-ḍayr? Imam عليه السلام said: "It is when the claimant transgresses in demanding his right contrary to what Allah سبحانه وتعالى, the Almighty, and His Messenger صلى الله عليه وعلى آله وسلم have commanded. An example of this is when one man has a debt upon another who is in hardship, and Allah سبحانه وتعالى, the Exalted, has commanded to grant him respite until ease, as He سبحانه وتعالى said: 'then a respite until ease.' (Surah Al-Baqarah 2:280), Yet, he asks you to bear witness against him while you know he is in hardship. It is not permissible for you to establish the testimony during his state of hardship."

And it was narrated by Misma' Kardin from Abu Abdullah عليه السلام, regarding four witnesses who testified against a man for adultery, and he was stoned. Then one of them retracted and said: "I doubted my testimony." Imam عليه السلام said: "He must pay the blood money." I said: What if he said: "I testified against him intentionally"? Imam عليه السلام said: "He is to be executed."

And it was narrated by Muhammad bin Qais from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said that the Commander of the Faithful, peace be upon him, used to say: "I do not act upon the statement of a fortune-teller, nor a tracker, nor a thief, and I do not accept the testimony of a transgressor except against himself."

And it was narrated by Sulayman bin Dawood Al-Minqari from Hafs bin Ghiyath, who said: A man asked Abu Abdullah عليه السلام, "What do you say if I see something in the possession of a man-can I testify that it belongs to him?" Imam عليه السلام replied: "Yes." The man then asked: "But perhaps it belongs to someone else?" Imam عليه السلام said: "Then how is it permissible for you to buy it and for it to become your property, and afterward you claim it as yours and swear upon it, yet it is not permissible for you to attribute it to the one from whom it came into your possession?" Imam عليه السلام said: "If this were not permissible, the marketplace for Muslims would not function."

And it was narrated by Isma'il bin Muslim from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام, from his father Imam Muhammad ibn Ali Al-Baqir عليه السلام, peace be upon him, that a man who had his hand and foot amputated based on testimony came to testify before Commander of the Faithful, peace be upon him. Imam عليه السلام accepted his testimony, as the man had repented, and his repentance was known.

And it was narrated by Safwan bin Yahya from Muhammad bin Al-Fudhayl, from Abu Al-Hasan, peace be upon him. He said: I asked him about the testimony of women-does it suffice in cases of marriage, divorce, or stoning? Imam عليه السلام said: "The testimony of women is accepted in matters that men cannot observe. It is also valid in marriage if accompanied by one man. However, it is not accepted in divorce or bloodshed. It is accepted in cases of adultery if there are three men and two women, but the testimony of two men and four women is not accepted."

And Ubaydullah bin Ali Al-Halabi asked Abu Abdullah عليه السلام, about the testimony of a midwife in childbirth. Imam عليه السلام said: "The testimony of one woman is accepted, and so is the testimony of women regarding the newborn and the virginity (of a girl)."

And the Commander of the Faithful, peace be upon him, ruled in the case of a boy against whom a woman testified that he had pushed another boy into a well, causing his death. Imam عليه السلام accepted the testimony of the woman.

And Zurara narrated from one of the Imams, peace be upon them, regarding four witnesses who testified against a woman for committing adultery. She claimed that she was a virgin, so women examined her and found her to be a virgin. Imam عليه السلام said: "The testimony of the women is accepted."

And Abdullah bin Al-Hakam asked Abu Abdullah عليه السلام, about a woman who testified against a man that he had pushed a boy into a well, resulting in his death. Imam عليه السلام said: "The man is liable for one-fourth of the boy's blood money based on the testimony of the woman."

And Ibn Abi Umair narrated from Al-Husayn bin Khalid Al-Sayrafi, from Abu Al-Hasan Al-Madhi, peace be upon him, who said: I wrote to Imam عليه السلام regarding a man who died, leaving behind a bondwoman, and her master had given her something during his lifetime. Then the master died. Imam عليه السلام wrote back: "She is entitled to what her master gave her during his lifetime, as it is recognized for her. The testimony of a man, a woman, and trustworthy servants is accepted in this matter, provided they are not accused of dishonesty."

And Hammad narrated from Al-Halabi, from Abu Abdullah عليه السلام, who said: Indeed, the Messenger of Allah سبحانه وتعالى, peace and blessings be upon him and his family, approved the testimony of women in matters of debt even if no man was with them.

And Al-Hasan ibn Mahbub narrated from Umar ibn Yazid, who said: I asked Abu Abdullah عليه السلام, about a man who died and left behind a wife who was pregnant. She gave birth to a boy after his death, and then the boy died after falling to the ground. The woman who received him testified that he cried out and screamed when he fell to the ground, and then he died afterward. Imam عليه السلام said: It is upon the Imam to approve her testimony concerning a quarter of the boy's inheritance.

And in another narration: If there are two women, their testimony is valid for half of the inheritance. If there are three women, their testimony is valid for three-fourths of the inheritance. And if there are four women, their testimony is valid for the entire inheritance.