The Argument from the Slave Woman’s Gesture for Accepting the Testimony of the Mute Person
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, is it not the case that the acceptance of the mute person’s testimony by gesture is derived from the gesture of the slave woman when the Jew who crushed her head killed her?
Answer:
The Messenger (peace and blessings be upon him) did not kill the Jew based on her gesture; rather, he was brought in and he confessed. If you read the hadith, it says he was brought in and he confessed. So the Prophet (peace and blessings be upon him) ordered his head to be crushed as a confession. Yes.
He says: Honorable Shaykh, may Allah grant you success, is it not the case that the acceptance of the mute person’s testimony by gesture is derived from the gesture of the slave woman when the Jew who crushed her head killed her?
Answer:
The Messenger (peace and blessings be upon him) did not kill the Jew based on her gesture; rather, he was brought in and he confessed. If you read the hadith, it says he was brought in and he confessed. So the Prophet (peace and blessings be upon him) ordered his head to be crushed as a confession. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 120 من 123 / شرح كتاب زاد المستقنع / الشهادات / صالح الفوزان / الفقه / كبار العلماء — youtube.com (1:10:07)
The Arabic text is a machine transcription of the audio recording.