does not know, so it is not established by that that he has falsified his evidence. Some of the followers of Al-Shafi'i said: If the calling of witnesses is an affair he managed himself, his evidence shall not be heard because he has falsified it. However, if his agent called witnesses against the defendant, or if one testified without his knowledge, or without him calling them, his evidence shall be heard because he is excused for his negation of it. This statement is sound. Our position is that he falsified his evidence by his acknowledgement that no one testifies for him. Thus, when a person testifies for him, it constitutes a falsification of it, differing from the witness if he says, "I have no testimony," then says, "I had forgotten it." Because that is an acknowledgement for another after a denial, while here he is acknowledging to his opponent the absence of evidence, so his retraction of it is not accepted. The ruling in the case where he says, "Every piece of evidence for me is false," is the same as the ruling in the case where he says, "I have no evidence," based on the disagreement we mentioned regarding it.

Section: If he says, "I know of no evidence," then brings evidence, it shall be heard, because it is possible that he had evidence he did not know of, then later came to know it. Abu al-Khattab said: Even if he said, "I do not know of any evidence for me," and two witnesses said, "We testify for you," his evidence shall be heard.

1931 - Issue: He said: (If the guardian testifies against those whom he is a guardian over, his testimony is accepted. And if he testifies for them, it is not accepted if they are under his guardianship.)

[As for his testimony against them, it is accepted. We know of no disagreement regarding this, for he is not suspected regarding them, nor does he draw a benefit for himself by his testimony against them, nor does he avert a harm from them by it. As for his testimony for them when they are under his guardianship,] it is not accepted. This is the statement of the majority of scholars; they are Al-Sha'bi, Al-Thawri, Malik, Al-Shafi'i, Al-Awza'i, Abu Hanifa, and Ibn Abi Layla. Shurayh and Abu Thawr permitted his testimony for them if he was...