the killing, in which case the blood-money becomes binding upon them. Thus, this testimony entails warding harm away from themselves, so it is not accepted. What is meant here by the ʿāqilah is the male agnatic relatives of one who kills unintentionally—namely, his sons, fathers, brothers, paternal uncles, and their sons.
His statement, “nor an enemy against his enemy,” means that an enemy’s testimony against his enemy is not accepted, because he is under suspicion. What is meant by enmity here, however, is worldly enmity, not enmity on account of religion. For if it meant religious enmity, we would not accept the testimony of a Sunni against an adherent of religious innovation, since the Sunni is an enemy of the innovator; yet his testimony against him is accepted. Thus, what is meant is enmity for reasons other than religion, and an enemy’s testimony against his enemy is not accepted because he is under suspicion. Everyone who is hostile toward someone wishes harm to befall him; for this reason, we do not accept his testimony. If the basis for this is suspicion, however, then we return to what we said concerning ascendants and descendants: if this enemy is outstandingly upright, such that it is inconceivable that he would testify against anyone except truthfully—even if that person were his enemy—then we accept his testimony, in view of the general evidence of the Quran and sunnah.
Is an enemy’s testimony in favor of his enemy accepted? It is accepted, because the suspicion is removed. Some scholars, however, said that an enemy’s testimony in favor of his enemy is not accepted, for it may be feared that he will show him undue favor in order to be safe from his harm. The poet’s words are not far from the point:
But my people, though numerous they may be,
Are never inclined to evil, however slight it be.
They repay the wrongdoing of wrongdoers with forgiveness,
And the offence of evil people with kindness.
Whoever wrongs them, they treat him kindly; and whoever oppresses them, they forgive him. If someone were to say: Has not the pure Shariah provided for giving wealth from zakah to enemies whose harm is feared?