childhood. This is because he is not accomplished, nor is there any trust in his word; furthermore, he does not commit a sin by lying, nor is there any protection against it from him.
The second condition is that he must be a Muslim, and we shall discuss this later, if Allah the Almighty wills. The third condition is that he must be an adult; therefore, the testimony of a child who has not reached maturity is not accepted in any circumstance. This is narrated from Ibn Abbas (3). This is also the position of al-Qasim, Salim, Ata', Makhul, Ibn Abi Layla, al-Awza'i, al-Thawri, al-Shafi'i, Ishaq, Abu 'Ubayd (4), Abu Thawr, and Abu Hanifah and his companions.
From Ahmad, may Allah have mercy upon him, there is another narration that their testimony is accepted regarding wounds (al-jiraf) if they testify before dispersing from the state in which they attacked one another [if they disperse, their testimony is not accepted] (5). This is the opinion of Malik, because the apparent state is their truthfulness and precision. If they disperse, their testimony is not accepted because it is possible that they might be prompted. Ibn al-Zubayr said: If they are taken at the time of the occurrence, it is more likely that they will comprehend and remember (3). From al-Zuhri, it is stated that their testimony is permissible, and the guardians of the one injured are to be put to oath. He mentioned it from Marwan.
It is narrated from Ahmad a third version, that his testimony is accepted if he is ten years old. Ibn Hamid said: According to this narration, their testimony is accepted in matters other than Hudud and Qisas, like slaves (7). It is also narrated from Ali, may Allah be pleased with him, that the testimony of some of them is accepted against others (8). This was also narrated from Shurayh (8), al-Hasan, and al-Nakha'i. Ibrahim said: They used to permit the testimony of some of them against others in matters that occurred between them. al-Mughirah said: Our companions did not permit their testimony against a man, nor against a slave. Imam Ahmad (9) narrated with his chain of authority from Masruq, who said: We were with Ali when five boys came to him and said: "We were six boys playing in the water, and one of us drowned." Three of them testified against the two that they had drowned him, and the two testified against the three that they
(3) Extracted by al-Bayhaqi, in: The Chapter on the Rejection of the Testimony of Young Boys, from the Book of Testimonies. al-Sunan al-Kubra 10/161, 162. And by 'Abd al-Razzaq, in: The Chapter on the Testimony of Young Boys, from the Book of Testimonies. al-Musannaf 8/348, 349. (4) In (A), (B), and (M): "Abu 'Ubaydah". (5) Omitted from (M). (6) In the original: "Ibn". (7) In (A) and (B): "like the slave". (8) Extracted by 'Abd al-Razzaq, in: The Chapter on the Testimony of Young Boys, from the Book of Testimonies. al-Musannaf 8/350, 351. (9) Omitted from (B). (10) Omitted from (A).
