of possession and management, because possession is not limited to ownership, as it may occur through leasing, lending, or usurpation. This is the view of some of the companions of al-Shafi'i. The reasoning for the first view is that possession is evidence of ownership, and its continuity without a challenger strengthens it, so it acts in the place of notoriety (istifadah); thus, it is permissible to testify based upon it, just as if one had witnessed the cause of the possession, [such as a sale, inheritance, or gift. The possibility that it is through usurpation or leasing is countered by the continuity of possession without a challenger, so it no longer remains a preventive factor, just as if one had witnessed the cause of possession]; for the possibility that the seller, heir, or grantor was not the owner does not prevent testimony. It is the same here. If it is said: "If the possibility remains, then knowledge is not achieved, and testimony is not permitted except regarding what one knows," we say: Conjecture is called knowledge; Allah the Almighty said: "If you know them to be believers." There is no path to certain knowledge here, so it is permitted based on conjecture.
Section: If one hears a man say to a boy, "This is my son," it is permissible to testify to it because he is acknowledging his lineage. If he hears the boy say, "This is my father," and the man hears him and remains silent, it is also permissible to testify, because the father's silence is an acknowledgment, and lineage is established by acknowledgment, so it is permissible to testify to it. Silence here is placed in the position of acknowledgment because acknowledgment of a false claim of lineage is not permissible, unlike other claims, and because in lineage, establishment is favored—do you not see that it is attributed based on possibility in marriage? Abu al-Khattab mentioned that it is possible that one should not testify with silence until it is repeated, because silence is not a true acknowledgment, but was only placed in its position; therefore, its reinforcement by repetition is considered, just as the reinforcement of possession in real estate by continuity is considered.
(21) In (B) and (M): "al-mulk wa al-yad" (ownership and possession). (22) The "wa" (and) is omitted from (B) and (M). (23) Omitted from the original. (24) Omitted from (A), (B), and (M). (25) In the original: "mu'arid" (countering). (26) Omitted from (B). It is a remark. (27) Surah al-Mumtahanah: 10. (28) Omitted from (M). (29) Omitted from (A).
