whether he is called upon to witness a matter and retain knowledge of it or to give testimony concerning what he has retained, because Allah, Mighty and Majestic is He, says:

“Let not the witnesses refuse when they are called upon.” [al-Baqarah: 282]

This, however, is incorrect, because a person can only be called a witness once he has knowledge of the matter to which he is to testify. Before acquiring that knowledge, he is not a witness and does not fall within the scope of the words of Allah, Exalted is He:

“Let not the witnesses refuse when they are called upon.” [al-Baqarah: 282]

This is clear, and all praise is due to Allah.

Section: The Qualifications of a Witness Whose Testimony Is Admissible

Know that there are two stages in a witness’s testimony: acquiring knowledge of the matter and giving testimony concerning it. At the stage of acquiring that knowledge, only one qualification is required: accurate retention and discernment—whether the witness is young or old, free or enslaved, Muslim or disbeliever, upright or sinful.

At the stage of giving testimony, however, its admissibility requires that the witness possess five qualities. If any one of them is lacking, his testimony is inadmissible. These are: attainment of puberty, sanity, freedom, Islam, and probity.

Section

We stipulate attainment of puberty because the witness is commanded to give testimony and uphold it, and is forbidden to conceal it. Commands and prohibitions apply only to those who are legally accountable, whereas someone who has not reached puberty is not legally accountable. The underlying rationale is that a witness must be someone who fears sin and scrupulously avoids it, so that he testifies truthfully and guards against falsehood. A child incurs no sin and has no punishment to fear, since he is exempt from accountability. His testimony must therefore be inadmissible. There is no disagreement on this, apart from the admissibility of