Section
For testimonial evidence to be admitted, the witnesses must be upright1—both outwardly and inwardly2.
The judge is entitled to act on his own knowledge with regard to what has been acknowledged before him in court and with regard to the probity or immorality of the witnesses.
Should he harbor doubt about them, certification (tazkiyah) by reliable endorsers becomes necessary. If the claimant asks the judge to detain his adversary3 until the latter produces someone who can vouch for his evidence, the judge grants the request and waits for him three days. If he does4 bring such endorsers, the judge verifies that their knowledge of the person they are certifying is based on actual companionship and business dealings.
If the adversary alleges that the endorsers are immoral—or that the certified witnesses themselves are immoral—and he supports that allegation with evidence, his evidence is admitted and the testimony is nullified.
Neither endorsement (taʿdīl) nor discreditation (jarḥ) is accepted from women.
Whenever the claimant’s witnesses are shown to be immoral, or he states at the outset, “I have no evidence,” the judge declares, “You have nothing against your opponent except his oath.” The defendant then swears in accordance with the tenor of his earlier reply to the claim, he is released, and it thereafter becomes impermissible to make him swear again. And if