like the mujtahids among the jurists regarding [legal] rulings; whoever among them provides testimony, their testimony is accepted if they are upright ('adl). This is the view of al-Shafi'i, and I do not know of any disagreement regarding the acceptance of their testimony. As for the Khawarij and the people of innovation, if they rise up against the Imam, their testimony is not accepted because they are corrupt (fasiqin). Abu Hanifah said: They are considered corrupt due to their rebellion (baghy) and their rising against the Imam, but their testimony is accepted because their corruption is with respect to religion, and therefore testimony is not rejected because of it; the testimony of disbelievers against one another has indeed been accepted. This will be mentioned in the Book of Testimonies (9), if Allah the Almighty wills.

Section: The Judge mentioned that it is not disliked for the upright person to kill his relative who is a rebel, because it is a killing with right; thus it resembles the execution of a prescribed punishment (hadd) upon them. A group of scholars disliked intentionally doing so, which is the more correct view, if Allah the Almighty wills, due to the saying of Allah the Almighty: {But if they endeavor to make you associate with Me that of which you have no knowledge, do not obey them but accompany them in the world with kindness} [Luqman: 15] (10). Al-Shafi'i said: The Prophet (peace and blessings of Allah be upon him) restrained Abu Hudhayfah [ibn Utbah] (11) from killing his father (12). Some of them said: This is not permissible, because Allah the Almighty commanded accompanying them with kindness, and this is not part of kindness. If he kills him, does he inherit from him? There are two narrations: One is that he inherits from him. This is the opinion of Abu Bakr and the school of Abu Hanifah, because it is a killing with right, so it does not prevent inheritance, like retaliation (qisas) or killing in the course of a prescribed punishment (13). The second is that he does not inherit from him, which is the statement of Ibn Hamid and the school of al-Shafi'i, due to the general implication of his statement, peace be upon him: "The killer has no right to anything" (14). As for the rebel when he kills the upright person, he does not inherit from him. This is the statement of al-Shafi'i. Abu Hanifah said: He inherits from him, because he killed him based on an interpretation, which resembles the upright person killing the rebel. Our position is that he killed him without right, so he does not inherit from him, like the one who kills by mistake.