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Text and translation
English translation
2298. ‘Aishah narrated that the Messenger of Allāh ﷺ said: “The testimony of a treacherous man is not acceptable, nor a treacherous woman, nor a man lashed for the Hadd, nor a woman lashed, nor one possessing malice of enmity, nor a rehearsed witness, nor the Qāni’ of (one contracted by) the family on their behalf, nor the one associating himself to other than his Walā’ or to other than his relatives.”[1] (Ḍa’if)
Al-Fazārī said: “The Qāni’ is the subordinant.”
This Hadīth is Gharīb, we do not know of it except as a narration of Yazīd bin Ziyād Ad-Dimashqī. Yazīd was graded weak in Hadīth, and we are not aware of this to be a Hadīth of Az-Zuhri except from his narration.
There is a narration on this topic from ‘Abdullāh bin ‘Amr. He said: “We do not know the meaning of this Hadīth, and it is not correct in our view due to its chain.”
What the people of knowledge act upon about this, is that the testimony of the near relative is allowed for his near relative. But the people of knowledge differ over the testimony of the father for the son, and the son for the father. Most of the people of knowledge
do not allow the testimony of the son for the father, nor the father for the son. Some of the people of knowledge said that when he is trustworthy then the testimony of the father for the son is acceptable. And similarly, the son's testimony for the father. They did not disagree over the brother's testimony for his brother, that it is acceptable. Similarly with every near relative's testimony for his near relative.
Ash-Shāfi'i said: "A man's testimony against another – even if he is trustworthy – is not acceptable if there is enmity between them." He followed the Mursal narration of 'Abdur-Raḥmān Al-A'rāj from the Prophet ﷺ who said: "The testimony of the possessor of resentment is not acceptable." Meaning the possessor of enmity. So the meaning of this Hadith is as if he ﷺ said: "The testimony of the biased person is not allowed [for his brother]." Meaning the possessor of enmity.
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Footnotes
1
[1] See nos. 3600,3601 of Sunan Abū Dāwūd which is similar, and graded as Hasan.
Commentary
It is imperative that the witness be a person of honorable character. Therefore, no credit must be given to the testimony of a person who (i) has joint financial or other interests with the accused, (ii) leads a life of sinfulness and immorality, or (iii) is suspected of false-witnessing against the accused because of a feeling of ill will or enmity towards him.
