Is it permissible for the two witnesses to abstain from giving oral or written testimony except before the judge, despite the disputants agreeing on the division of the land in their presence?
Witnesses are not considered concealers of testimony as long as they have not refrained from rendering it before the judge. Testimony is not binding except in a court of law. However, if their refusal to write down their testimony leads to the loss of a right, then they must write it down to preserve that right, because the implication of the obligation to bear witness is to preserve the right of the rightful owner from being lost, even though some scholars do not deem the writing down of testimony obligatory unless it is specifically designated for preserving a contract.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/162279