and is able to do so without harm to his person, reputation, property, or family. The same applies to undertaking testimony, and it is not lawful to withhold it. .......
His statement, “and is able,” is the second condition: that he be able to give the testimony. If he is unable, then it is not binding upon him, due to Allah’s saying: “So fear Allah as much as you are able” [al-Taghabun: 16], and His saying: “Allah does not burden a soul beyond what it can bear” [al-Baqarah: 286]. Among the established principles derived from this verse is that no obligation remains when one is incapable. Thus, if he is unable to give the testimony, it is not binding upon him because of his incapacity.
The third condition is that there be no harm. Hence he says:
“Without harm to his person”: such as if he fears that he will be beaten and thereby harmed.
His statement, “or his reputation”: such as if he fears that the party against whom he testifies will backbite him, or the like.
His statement, “or his property”: such as if he fears that his shop will be set on fire, that the windows of his car will be broken, or the like.
His statement, “or his family”: such as if he fears that his child, wife, father, or the like will be harmed.
Thus, if he fears harm, then—according to the apparent wording of the author, may Allah have mercy on him—he is not required either to undertake the testimony or to give it. We say: with regard to bodily harm, property, and family, it is accepted that if he fears harm in any of these three matters, the obligation of testimony is waived from him, whether in undertaking it or giving it, due to the verses we have cited: “Allah does not burden a soul beyond what it can bear” [al-Baqarah: 286], and, “So fear Allah as much as you are able” [al-Taghabun: 16].
As for one’s reputation, it should be considered whether harm from the party against whom testimony is given will actually result or not. Generally, he will not be harmed by it, even if that person backbites him