Chapter on False Testimony and What Has Been Reported Regarding it

Sama'ah narrated from Abu Abdullah عليه السلام, who said: "False witnesses are subjected to flogging as a punishment, and its extent is determined by the Imam. They are paraded publicly so that they may be recognized and refrain from repeating the act." I said: "If they repent and reform, will their testimony be accepted afterward?" Imam عليه السلام said: "If they repent, Allah سبحانه وتعالى accepts their repentance, and their testimony will be accepted thereafter."

It is reported that when Imam Ali ibn Abi Talib عليه السلام apprehended a false witness, if the person was a stranger, he would send him back to his tribe. If the person was a tradesman, Imam عليه السلام would send him to his marketplace. Then Imam عليه السلام would parade him publicly, imprison him for a few days, and afterward release him.

Ibrahim ibn Abdul Hamid reported from Abu Basir, who narrated from Abu Abdullah عليه السلام, regarding a woman for whom two witnesses testified that her husband had died. She then remarried, but later her first husband returned. Imam عليه السلام said: "The second husband owes her the dowry because he lawfully enjoyed her intimacy. The two witnesses are to be given the prescribed punishment (for false testimony) and held liable for the dowry due to having deceived the man. The woman must observe the waiting period ('iddah) and then return to her first husband."

Al-Hasan ibn Mahbub reported from Al-Ala and Abu Ayyub, who narrated from Muhammad ibn Muslim, from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام, regarding two men who testified against an absent man in the presence of his wife, claiming that he had divorced her. The woman observed her waiting period (iddah) and then remarried. Later, the absent husband returned, asserting that he had not divorced her, and one of the witnesses admitted to lying. Imam عليه السلام said: "The second husband has no claim over her, and the dowry is to be taken from the witness who retracted his testimony and returned to the second husband. They must be separated, and the woman must observe the waiting period (iddah) from the second husband. The first husband may not approach her until her waiting period has ended."

Ali ibn Matar narrated from Abdullah ibn Sinan, who reported from Abu Abdullah عليه السلام, that Imam عليه السلام said: "False witnesses are subjected to a punishment of flogging, the duration of which is determined by the Imam. They are paraded so that people recognize them." Allah سبحانه وتعالى, the Almighty, says: 'And do not accept their testimony ever, and those are the defiantly disobedient-except for those who repent.' (Surah An-Nur 24:4-5) I asked: 'How is their repentance recognized?' Imam عليه السلام said: 'He must publicly declare his falsehood before the witnesses where he was punished, and seek forgiveness from his Lord عز وجل, the Almighty. If he does this, then his repentance becomes evident.'"

The Messenger of Allah سبحانه وتعالى, peace and blessings be upon him and his family, said: "The speech of a false witness does not end before the judge without him having taken his seat in the Hellfire, and the same applies to one who conceals testimony."

Salih bin Mitham narrated from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: "There is no man who gives false testimony against a Muslim to seize his wealth except that Allah سبحانه وتعالى writes for him a decree to Hell in its place."

Jamil bin Darraj narrated from someone who informed him about one of the Imams, peace be upon them, who said: "Regarding witnesses who testify against a man and then retract their testimony-if a judgment has already been passed against the man, the witnesses are held liable for what they testified and must pay compensation. However, if no judgment has been passed, their testimony is discarded, and the witnesses are not required to pay anything."