it must be guaranteed by the one who took it, because he took it without the permission of its owner and without any right to take it. As for destruction, nothing remained (17) in the hand of the destroyer to return, and it is impossible to make him liable for it; for he only destroyed it by the judgment of the judge and his authorization, and he (the destroyer) does not admit to his transgression, but rather says: "I have exacted my right." Since the contrary of his claim was not established, and it is not possible to hold the witnesses liable, because they say: "We testified to what we knew, and informed of what we saw and heard, and we did not conceal the testimony of Allah Almighty which was incumbent upon us to perform." Since their lying was not proven, it is necessary to shift the guarantee (damman) to the judge, because he ruled without the presence of the condition for the ruling, and permitted the destruction of what is inviolable without investigating the integrity of the witnesses. Thus, the negligence was on his part, and it is therefore necessary to shift (18) the guarantee onto him.

1922 - Issue: He said: "And if a slave claims that his master has emancipated him, he shall swear along with his witness, and he shall become free."

It is narrated from Ahmad, may Allah have mercy on him, in this regard two narrations. The first is that emancipation is established (1) by a witness and an oath. This is the choice of Abu Bakr, because it is an removal of ownership, so it is established by a witness and an oath, like a sale and a gift; and because it is a destruction of property, so a witness and an oath are accepted in it, like destruction by action. Its leading to the completion of rulings does not prevent its establishment by a witness and an oath, as evidenced by the fact that childbirth is established by the testimony of women, and the lineage which is not established by their testimony is built upon it. The second narration is that freedom is not established except by two male just witnesses, because it is not property, nor is property the objective thereof, and men generally have knowledge of it, so it is similar to hadd punishments and qisas. And Allah knows best.

1923 - Issue: He said: "And whoever gives a false testimony shall be disciplined (ta'zir), and shall be paraded before the people in the places where it is famous (1) that he is a false witness, if his intentionality for that is verified."