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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The testimony of one who lets his garment hang below the ankles, one who shaves his beard, and one who smokes, in cases of dire necessity

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Question:
He says: Honorable Shaykh, may Allah grant you success. If a witness testifies for me in a marriage contract, and he shaves his beard, or lets his garment hang below the ankles, or smokes, and this is common among those who give testimony in the courts, what is obligatory in this case?

Answer:
By Allah, this is among the affairs of the authorities, and we do not intervene in it. But the scholars say: at all times, the best of the best. If no one is found but one who lets his garment hang below the ankles, and the right would be lost if his testimony were not accepted, or one who smokes, and the right would be lost, then accept it for dire necessity. The best of the best. If you are able, you must seek witnesses who are pious, honest, and committed to the Sunnah; this is obligatory. But if no one is found but this, and otherwise the right would be lost, yes, as long as he is a Muslim, accept his testimony for dire necessity in this case. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/139 شرح زاد المستقنع/ صالح الفوزان — youtube.com (46:59)

The Arabic text is a machine transcription of the audio recording.

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