among people, for people generally attach no weight to his backbiting, since he is the one against whom testimony has been given. It will be said: “He only backbit him because he testified against him.” But if the harm is serious, such that his reputation is affected and his integrity is discredited in the eyes of people, and the like, then the author’s statement, may Allah have mercy on him, may be sound.
Thus, with respect to one’s reputation, there is further detail: if the harm is certain and serious, this may waive the obligation to give testimony or to undertake it. But if the harm is not serious, or there may be no harm at all—as when the affront to his reputation comes from the person against whom testimony is given—then this does not prevent testimony from being obligatory, whether in undertaking it or giving it.
The conditions, then, are three: that one be called upon for it, that one be able, and that harm be absent.
His statement, “The same applies to undertaking it,” means that the absence of harm is also stipulated. Is ability also a condition for undertaking testimony? Yes, it is a condition. Thus, if someone calls you to bear testimony for him while you are unable to do so, or you are ill, or you fear that if you go your property will be lost, or the like, then it is not binding upon you.
But is it a condition, when undertaking testimony, that one be called upon for it, or is this not a condition? That is, must I call you and say, “Come and testify to what so-and-so said,” or, “to what so-and-so did”? Or is this not required, such that if you hear or see something, you are obliged to undertake the testimony? The latter appears to be correct. Whenever a person sees or hears something, he must retain what he heard or witnessed, so that he may give testimony when called upon to do so.
His statement, “And it is not lawful to withhold it,” means testimony, due to Allah’s saying: “Whoever conceals it, his heart is indeed sinful” [al-Baqarah: 283].
If the right cannot be established without it, then it is not lawful to withhold it, such as