They establish with their testimony the testimony of the original [witnesses], and the testimony of one of them is not a container for the testimony of the other. Thus, according to al-Shafi'i's view, if a right is established by the testimony of one man and two women, it would be necessary for the secondary witnesses to be six. If a right were to be established by four women, it would be necessary for the secondary witnesses to be eight. If the subject of the testimony is adultery, five opinions have been derived regarding it: The first is that there is no place for secondary testimony in establishing it. The second is that it is permissible, but the secondary witnesses must be sixteen, so four testify to the testimony of each one of the original witnesses. The third is that eight are sufficient. The fourth is that they are four, testifying to each one. The fifth is that two witnesses are sufficient, testifying to each one of the original witnesses. This is the establishment of the hadd-punishment for adultery by two witnesses, which is far-fetched.

Section: If two original witnesses testify to a right, and two secondary witnesses testify to the testimony of another original [witness], it is permissible. If one original witness and one secondary witness testify, the disagreement we mentioned earlier is derived regarding it. If one original witness testifies, and then he and another testify as secondary witnesses regarding the testimony of another original witness, his secondary testimony (38) is of no benefit, and the ruling of that is the same as the ruling of one witness testifying to his testimony (39).

1908 - Issue: He said: "And one may testify against whoever he hears acknowledging a right, even if he did not say to the witness: 'Bear witness against me'."

There are differing reports from Ahmad regarding this issue. The established school (madhhab) is what al-Khiraqi mentioned, and al-Sha'bi and al-Shafi'i held this view as well. There is a second report from Ahmad that he does not testify until the acknowledger says to him: "Bear witness against me," just as it is not permitted to testify to a man's testimony until he requests him to do so and says to him: "Bear witness to my testimony." There is a third report from him that if he hears him acknowledge a loan, he does not testify, but if he hears him acknowledge a debt, he does testify (1).