Section: If two witnesses testify against a woman regarding a marriage, and the judge issues a ruling based on it, then they retract their testimony, you must consider: If the husband divorces her before consummating the marriage, they are not liable for anything, because they did not cause her to lose anything. If he consummates the marriage, and the specified dowry was equal to the dowry of similar status or more, and she received it, then there is no liability upon them, for she received a substitute for what they caused her to lose. If it was less than that, they are liable for the difference. If she did not receive it, they are liable for the guarantee of her dowry of similar status, as it is a substitute for what they caused her to lose.
Section: If they testify to the kitaba (contract of manumission) of his slave, then retract their testimony, you must consider: If he becomes unable to pay and is returned to slavery, they are not liable for anything. If he fulfills the payment and becomes free, they are liable for the guarantee of the entire amount, because they caused him to lose it through their testimony. It is also possible that they would be held liable for the difference between his value and what he paid of his kitaba, but the first view is more appropriate, because what he paid was from the earnings of his slave, so it should not be calculated against him. If he wishes to hold them liable before the true situation is revealed, he should hold them liable for the difference between his value when sound and his value as a mukatab (slave under a contract of manumission). If they testify to the istilad (acknowledgment of paternity) of his slave woman, then retract their testimony, he should recover from them the amount that the testimony reduced her value. If she is freed upon his death, the heirs shall recover the remainder of her value.
Section: In every case where liability becomes incumbent upon witnesses due to their retraction, it is distributed among them according to their number, whether they are few or many. Ahmad said, in a narration from Ishaq ibn Mansur: If one testifies with testimony, then retracts it after property has been destroyed, he is a guarantor according to the portion they held in the testimony. If they were two, he is liable for [the half, and if they were three, he is liable for] the third. Based on this, if there were ten, he is liable for the tenth, regardless of whether he retracts alone or they all retract, and regardless of whether the one who retracts is in excess of the amount sufficient for testimony or not. If four testify to qisas (retaliation), and one of them retracts, saying, "We intended to kill him," then qisas is incumbent upon him. If he says, "We were mistaken," then a quarter of the blood money is upon him. If two retract, qisas or half the blood money is upon them. If six testify to adultery against a chaste person, and he is stoned based on their testimony, then one retracts, qisas or one-sixth of the blood money is upon him. If two retract, qisas or one-third of the blood money is upon them. This is the opinion of Abu 'Ubayd. Abu Hanifah said: If one or two retract, they are not liable for anything, because the evidence
(14) In A, B, M: "ilayhima" (to them two). (15) In A, M, an addition: "bi-shahadati-hima wa yahtamilu an yalzamahuma" (by their testimony and it is possible that it becomes incumbent upon them). This is a repetition. (16) In M: "wajaba an" (it became necessary that). (17) Omitted from: A. A note of review.
