Chapter on Testimony Based on Testimony

Ghiyath ibn Ibrahim narrated from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father Imam Muhammad ibn Ali Al-Baqir عليه السلام: "Indeed, Imam Ali عليه السلام would not validate the testimony of one man based on the testimony of another man, except if there were two men testifying based on testimony of one man."

It is narrated from Abdullah ibn Sinan, from Abdurrahman ibn Abi Abdullah, from Abu Abdullah عليه السلام regarding a man who testified based on the testimony of another man, and then the original man said: 'I did not make him a witness,' Imam عليه السلام said: "The testimony of the more upright of the two is accepted, but if their uprightness is equal, then his testimony is not accepted."

Safwan ibn Yahya asked Abu al-Hasan عليه السلام: About a man who made his employee a witness to a testimony and then separated from him, would his testimony be valid after their separation? Imam عليه السلام said: "Yes." He further asked: What if a Jew was made a witness to a testimony and then embraced Islam, would his testimony be valid? Imam عليه السلام said: "Yes."

Al-Ala narrated from Muhammad ibn Muslim: He said: I asked Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام about a dhimmi (non-Muslim under Islamic protection) and a slave who bore witness to a testimony. Then the dhimmi embraced Islam and the slave was emancipated, would their testimony about what they were made witnesses to before be valid? Imam عليه السلام said: "Yes, if goodness is known from them afterward, their testimony is valid."

Ghiyath ibn Ibrahim narrated from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father Imam Muhammad ibn Ali Al-Baqir عليه السلام: Imam Ali ibn Abi Talib عليه السلام said: "Testimony upon testimony is not valid in cases involving prescribed punishments (hudud), nor is sponsorship (kafalah) valid in cases involving prescribed punishments."

Muhammad ibn Muslim narrated from Al-Baqir, Abu Ja'far Imam Muhammad ibn Ali عليه السلام regarding testimony upon the testimony of a man who is present in the town. Imam عليه السلام said: "Yes, even if he is behind a column. It is permissible if he is unable to present it himself due to some excuse preventing him from attending and presenting it. In such a case, there is no harm in establishing testimony based on his testimony."

Amr ibn Jumay' narrated from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام: Imam عليه السلام said: "Let someone trustworthy bear witness to your testimony." They asked: 'May Allah سبحانه وتعالى keep you well, how can it increase or decrease?' Imam عليه السلام replied: "No, but it should be someone who preserves it for you." Imam عليه السلام also said: "It is not permissible to testify upon a testimony that is based on another testimony."