Section: If two just witnesses testify that a certain person has died and has left behind such-and-such people as heirs, and they state, "We know of no other heir for him besides these two," their testimony is accepted. This is the opinion of Abu Hanifah, Malik, al-Shafi'i, and al-'Anbari. Ibn Abi Layla said: It is not accepted until they clarify that he has no heir other than them. Our argument is that this is something that cannot be known with certainty, so the apparent state (al-zahir) suffices, along with the witness's testimony regarding the absence of any other heir. Abu al-Khattab said: This applies whether or not they are people of inner knowledge (al-khibra al-batinah). It is possible that it is not accepted unless they are of the people of inner knowledge, because their lack of knowledge of another heir is not proof of his non-existence, unlike the case with people of inner knowledge, for it is apparent that if he had another heir, it would not have been hidden from them. This is the view of al-Shafi'i. However, if they say, "We do not know him to have an heir in this town, or in such-and-such land," it is not accepted. This is the view of Malik, al-Shafi'i, Abu Yusuf, and Muhammad. Abu Hanifah said: A ruling is passed based on it, just as if they had said, "We know of no heir for him." This was also mentioned as a position attributed to Ahmad. Our argument is that this is not evidence for the absence of an heir, for they might know that he has no heir in that land, while knowing that he does have an heir elsewhere, so their testimony is not accepted, just as if they had said, "We do not know him to have an heir in this house."
1889 - Issue: He said: (The testimony of anyone who is not of the men and women who are sane, Muslim, adult, and just is not permitted.)
In summary, seven conditions are considered in a witness; the first of which is that he must be sane. The testimony of one who is not sane is not accepted by consensus, as stated by Ibn al-Mundhir. This is the same whether their sanity is lost due to insanity, intoxication, or
(30) In the original: "yathbut" (is established). (31) In (A) and (M): "fa-yakfa" (it suffices). In (B): "wa-yakfa" (and it suffices). (32) In (B): "li-'adam" (due to the absence). (33) In the original: "yakunu" (they are). (34) Omitted from (A), (B), and (M). (35) In the original and (A): "waladan" (a child). (1) In (A) there is an addition: "lahu" (for him). (2) In (M): "anna" (that).
