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The question

What is the procedure if one of the two witnesses dies before recording his testimony or refuses to give it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the witness dies before testifying, then either he had two witnesses attest to his testimony, in which case those who heard the testimony can bear witness to his testimony. And if he did not have them attest, then the claimant is left with only one witness. In this situation, if the defendant takes an oath, the claimant is left with only the oath [for himself]. And if the defendant refuses to take the oath, then the claimant takes an oath in addition to the witness.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
55411
Imported
Translation status
Source text, unreviewed
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