អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(It is not accepted[(1)](2) if he says: I know, or is certain, and he does not ask[(3)] a judge about a witness without the adversary challenging it): That is, the judge does not ask or examine whether the witness is fair or unjust if the adversary does not challenge it[(4)] (except in a limit of fuel, and they said: He is asked in all[(5)] secretly[(1)] and openly[(2)](3), and a fatwa is issued in our time. It is sufficient [(4)] in secret), for (5) it has been said: Public praise is a trial and temptation, for if the one who recommends announces the disadvantages[(6)] of the witness, enmity and hatred will ignite between them, and perhaps fear, shyness, or something else prevents him from saying what is true about the witness.

(It is sufficient for recommendation: He is just according to what is more correct), for [it has] been said: He must say: He is just and permissible for testimony, but what is more correct is the first; Because freedom [(2)] is established in the abode of Islam, so if he [says] (3): He is just, then testimony is permissible, (and it is not valid (4)[(5)] to amend the opponent (6)[(7)]; by saying (8): He is just, made a mistake or forgot (9), then (1) said: He is just and truthful, and (2) proves the truth (3).

One is sufficient for the recommendation and the translation of the witness[(1)] and the letter to the recommender, and two are more prudent(2). This is according to Abu Hanifa - may God be pleased with him - and Abu Yusuf - may God be pleased with him -, but according to Muhammad - may God be pleased with him - two are required, and this is in the secret recommendation, but in the public recommendation, Al-Khasaf - may God be pleased with him - said: Both are required unanimously; Because it is in the sense of testimony, so that it is not valid to recommend the servant openly, and the one who is giving the one who is giving the one who is giving must be just, so (3) the recommendation of the sinner and the hidden person is not accepted (4). [Chapter explaining the types of what a witness is responsible for]

(And for anyone who hears [(5)] a sale, or an acknowledgment, or (1) a judge’s ruling, or sees (2) usurpation, or murder, he may bear witness to it, even if he does not bear witness to it): His saying: that a person testifies to it, and for the one who heard the news of it in advance of it, and hearing the sale is that he heard the seller say: I sold, and the buyer say: I bought, (and he says: I bear witness[(3)] not that I bear witness (4)): that is, in the form: the one being witnessed does not bear witness.

(And he does not bear witness[(6)] to the testimony[(1)] unless he bears witness to it, and no one who hears the testimony of a witness, or to bear witness to the testimony, shall bear witness to it: That is, a man who hears a man giving testimony before the judge cannot bear witness to his testimony. Likewise, if he hears another man’s witness testify to his testimony, he cannot bear witness to his testimony. Because he did not carry it, but someone else carried it.

((1) He who saw his handwriting and did not mention his testimony does not bear witness. (2) This is according to Abu Hanifa - may God be pleased with him -; Because the handwriting [(3)] resembles a handwriting, and according to them [(4)]: it is permissible (1) if it is known that this is his handwriting; Because change is rare. It was said: What was mentioned is that he does not testify, there is no disagreement(2) about it, but the disagreement is regarding [if](3) the judge finds his testimony[(4)] in his office; Because what is under his seal is insured against change, unlike the instrument, which is in the hands of the opponent.

(Nor by listening[(5)] without sighting, except in lineage[(1)], death, marriage, consummation, and guardianship [of the judiciary](1) the judge, and the origin of the endowment if it is informed(2) of it[(3)](4) two just people or a man and two women[(5)]): That is, if they are just, and what is meant by the origin of the endowment is that this estate is an endowment for such-and-such, then the statement of the disbursement[(6)] is included in the origin of the endowment, and as for the conditions, there is no It is permissible to bear witness through hearing.

(And it bears witness[(1)] that someone sitting in the Judicial Council(1) saw opponents entering upon him that he was a judge, and a man and a woman...(2) living in a house, and between them the couples were spread out that it was his wedding, and something other than a slave[(3)] in the hand of a manager[(4)] like an angel that it was his(5), so his saying(6): and a man(7) and a woman is a conjunction of his saying sitting. And his saying: It is his wedding is a conjunction of his saying that he is a judge. This is a conjunction of two different agents, and the accusative case is in the precedent. If he is sitting, he saw an object, and he is a judge, an object is testified.

But he only said the slave; Because the human being has a hand over himself[(1)] so he repels the hand of others from himself, and what is meant is a human being who expresses himself[(2)] even if he does not express himself like the young man and woman, for they [do not](3) have a hand, so he is considered the hand of others.

(If he explains to the judge...(1) his testimony by hearsay, or by ruling(2) the hand is invalid[(3)])(4), I say: This confirms the statement of Abu Yusuf - may God be pleased with him - that the mere act of the hand does not make it permissible (5) to testify, rather it is a condition that it fall in his heart[(6) ] that it is his property[(1)], for it has been said: The saying of Abu Yusuf - may God be pleased with him - is an explanation for the generalization of [the saying](2) of Muhammad - may God be pleased with him - in a narration (3); This is because if the mere hand (4) were a reason, the showing of the reason would not invalidate the testimony (5), so if it is shown (6) that he testified by the mere hand, his testimony is invalid. (And whoever testifies that he witnessed the burial of Zaid, or prayed over him, it is accepted[(7)], [even if he explains](8) and he is an eyewitness.) Because witnessing death can only be done by one or two people, so attending a burial or prayer is like witnessing it, and such misrepresentation usually does not occur (9). [And God knows best] (10).

Chapter on Acceptance or Not[(1)] (And testimony[(2)] is accepted[(2)] from the people of whims[(3)] except the Khattabiya(4) [(1)]), the people of whims: the people of the Qiblah(2)[(3)] whose belief is not the belief of the Sunnis, and they are (4) the Jabriyah[(5)], the Qadariyya, the Rafidites, the Kharijites, the Mu’tallah, and the Mishbah, and each of them is twelve sects, so they became two. Seventy(1).

Some have differentiated between the desire that [is] (2) disbelief, such as saying: God Almighty is a body (3), and the desire that is not disbelief, and according to Al-Shafi’i (4) - may God be pleased with him - (5) their testimony is not accepted due to their immorality [(6)]. We said [(7)]: No (1) falls into (2) false belief except as a religion, and lying is forbidden for everyone. As for rhetoric: they are among the extremists [(3)] of the Rafidites, who believe that everyone who swears an oath to them bears witness. It was said: They see martyrdom for their Shiites as obligatory.

(And the dhimmi[(4)] is like him, even if they differ from his creed, [and the trustworthy](1), [and the trustworthy(2)](3) is like him if they are from [the same] house(4)). Contrary to a religion such as the Christians and the Magians, all disbelief is one religion, and it is not accepted (2) from a Muslim, and the testimony of a trustworthy person is accepted (3) from a trustworthy one if they are from [one] home (4), and if they are from two countries such as the Turks and the Romans, then it is not accepted, and it is not accepted from a Muslim, nor is it accepted from a non-Muslim.

(And an enemy(5)[(6)] because of religion, and whoever avoids[(7)] major sins, and does not insist[(1)] on minor ones, and his righteousness prevails), they differed(2) in interpreting the major sins[(3)]: It was said: They are seven: Polytheism in God Almighty. And escape from creeping. And disobedience to parents. Killing oneself unjustly. The believer was astonished. And adultery. And drink wine.

Some added: consuming an orphan’s wealth unjustly, and consuming usury, and it was stated [(1)] in the hadith: ((Avoid (2) the seven evils: associating others with God, witchcraft, and killing a soul which God has forbidden except by right, consuming usury, consuming an orphan’s wealth, turning away on the day of battle[(3)], and slandering chaste women[(4)] heedless believing women))(5), and he said - may God’s prayers and peace be upon him -[(6)]): ((The major sins: associating partners with God, disobedience to one’s parents[(7)], killing oneself, and swearing a false oath[(1)](2)))(3). The correct view[(4)] is that these hadiths are not exhaustive. The major sins[(5)] are everything that has been called obscene, such as sodomy, or marrying the father’s wife, or for which a definitive text has been established as a punishment in this world or in the hereafter. Imam Al-Halwani - may God be pleased with him - said: What was It is heinous among Muslims, and it violates the sanctity of God Almighty and religion, so it is major.

Then, after avoiding [(1)] all major sins, it is necessary not to insist on minor sins, for insisting on minor sins is major. And his saying: His good deeds predominate, meaning his good deeds [(2)] predominate over his bad deeds. Familiarity with small things does not invalidate justice. So his saying: And whoever avoids [major sins](3) to his saying: His correctness is dominated by the interpretation of justice. I say [(4)]: (5) There is no need for [it] (6) another restriction, which is to avoid despicable actions that indicate baseness: that is, lack of chivalry: such as eating on the road, and urinating on the road.

(And the uncircumcised[(1)])(1) unless he abandons circumcision out of disdain for religion, (and the eunuch(2)[(3)], the child of adultery, and the workers)...(4). According to Malik(5) - may God be pleased with him - the testimony of the child of adultery regarding adultery is not accepted(6); Because [(7)] he likes others to be like himself.

As for workers: (1) the same work is not immoral[(2)] unless they help in injustice, and it was said: If the worker is a prominent person with chivalry (3) who does not take risks in his speech, his testimony will be accepted[(4)], and if he is an immoral person, it was narrated on the authority of Abu Yusuf - may God be pleased with him -: If the immoral person is [ignorant](5) due to his dignity (6) and does not dare to lie, his testimony will be accepted.

(And to his brother[(7)] and his uncle, and whoever is forbidden through breastfeeding or marriage(1).

Not from the blind), and in a narration on the authority of Abu Hanifa - may God be pleased with him - it is accepted [(2)] in what is conducted by listening, and it is the statement of Zufar - may God be pleased with him -, and according to Abu Yusuf - may God be pleased with him - and Al-Shafi’i (3) - may God be pleased with him - it is accepted if he [(4) ] has insight when he bears it, and if he is blind after performing the judgment before the judgment, then he does not judge[(1)] the judge according to Abu Hanifa - may God be pleased with him - and Muhammad - may God be pleased with him - unlike my father. Yusuf - may God be pleased with him -, and what he said appeared (2)[(3)].