Malik said: He is the one who brings his testimony while the person to whom it belongs is unaware of it. Although this hadith is general, it must be interpreted in light of these circumstances to reconcile between the two hadiths, and because when he is unaware of it, his failure to request it does not indicate that he does not want it to be established, unlike the case when he is aware of it. This is the school of al-Shafi'i.

Section: The wording of the testimony is considered in its performance, so he says: I testify that he acknowledged such-and-such, and the like. If he said: I know, I hold to be true, I am certain, or I am aware, it is not considered, because the term shahada (testimony) is the verbal noun (masdar) of shahida, yashhadu, shahadatan, so he must use the verb derived from it. Furthermore, it contains a meaning not found in other expressions, as evidenced by the fact that it is used in taking an oath, so one says: I testify by Allah. For this reason, it is used in the process of li'an (imprecation), and this effect is not achieved by other terms. This is the school of al-Shafi'i, and I know of no difference of opinion regarding it.

1909 - Issue: He said: (The testimony of one who conceals himself is permissible if he is upright).

The "concealer" (al-mustakhfi) is the one who hides himself from the person against whom the testimony is given in order to hear his admission, and the latter does not know of him. For example, a person may deny a right publicly but admit to it privately, so two witnesses hide in a place where he does not know of their presence so that they may hear his admission of it, then testify to it. Their testimony is acceptable according to the correct report. This is the opinion of 'Amr (1) ibn Hurayth, who said: This is how one acts with the treacherous and the wicked (2). Something similar was narrated from Shurayh (3). This is the opinion of al-Shafi'i. Another report was narrated from Ahmad stating that his testimony is not heard, and this is the choice of Abu Bakr and Ibn Abi Musa. This was also narrated from Shurayh (4) and al-Sha'bi, because Allah Almighty said: {And do not spy} (5). And it was narrated from the Prophet - may Allah bless him and grant him peace - that he said: "Whoever tells a statement..."