what is not permissible for him, and it is repeated by him, his testimony shall be rejected; because he is persistent in the forbidden.

Section: Whoever performs an action among the branches [of jurisprudence] (furu') that is a subject of disagreement, while believing in its permissibility, his testimony shall not be rejected. Examples include one who marries without a guardian or without witnesses, one who eats meat upon which the name of God was not invoked, and one who drinks a small amount of nabidh (fermented drink). Ahmad stated this explicitly, adding that in the case of the one who drinks nabidh, he shall be subjected to the prescribed punishment (hadd), but his testimony shall not be rejected. Al-Shafi'i held this view as well. Malik said: His testimony shall be rejected, because he has performed an action that the judge deems forbidden, so it resembles an action whose prohibition is agreed upon. Our counter-argument is that the Companions, may God be pleased with them, used to differ on matters of branches, and none of them would disparage those who disagreed with them, nor would they declare them sinful. Furthermore, it is a branch (140) that is a subject of disagreement, so the testimony of one who performs it shall not be rejected, just as in the case of one whose actions the judge approves. If he performs such an act while believing it to be forbidden, his testimony shall be rejected (141) if it is repeated. The followers of al-Shafi'i said: His testimony shall not be rejected on that account, because it is an act for which the testimony of some people is not rejected, so it should not be rejected for others, just like matters whose permissibility is agreed upon. Our counter-argument is that it is an act forbidden to the one performing it, and he incurs sin thereby, so it resembles that which is unanimously forbidden, and thus it differs from the case of one who believes in its permissibility. It has been narrated from Ahmad, regarding one upon whom the Hajj is obligatory but who does not perform it, that his testimony is rejected. This is interpreted as applying to one who believes it is obligatory to perform immediately. As for one who believes that it may be delayed and leaves it with the intention of performing it [later], his testimony is not rejected, just like the other cases we mentioned. It is also possible that his testimony is rejected absolutely, based on the saying of the Prophet (peace and blessings of God be upon him): "Whoever is able to perform the Hajj and does not do so, then let him die, if he wishes, as a Jew or a Christian (142)." Umar said: I intended to look into the people, and whoever I found capable of the Hajj but not performing it, I would impose the jizya (poll tax) upon him; he then said: They are not Muslims, they are not Muslims.

1891- Issue: He said: (The testimony of non-believers from the People of the Book is permissible in a will while traveling, if no others are present).

The collective meaning is that if two people from the dhimmis (protected non-Muslims) testify to the will of a traveler who died during his journey, their testimony is accepted if no others are present, and they are required to swear after the afternoon (Asr) prayer that they did not betray or conceal [the truth], and did not