Is the testimony of a disbeliever accepted against a disbeliever and against a Muslim?
Machine translationRead the Arabic original
Question : The matter rests on the oath of the one who is sufficient for testimony.
Answer : The testimony of disbelievers is accepted from some of them against others; the testimony of disbelievers from some of them against others is accepted, and their testimony is accepted regarding a Muslim in a specific matter mentioned by Allah the Exalted in Surat al-Ma'idah. He, the Exalted, said:[Al-Ma'idah 5:106] to the end of it. The scholars differed on whether this is specific to a bequest in the case of travel when no Muslim is found, or whether it is general for every dire necessity?
In any place where we are in dire necessity to call upon a disbeliever for testimony, we accept it. Shaykh al-Islam (may Allah have mercy on him) leans toward this, that the testimony of a disbeliever is accepted in every place where the testimony of a Muslim is impossible. This happens frequently now; there may be a company where everyone in it is a disbeliever, and a contract, for example a sale, a lease, or a pledge, occurs between two men, and they have no one but these disbelievers.
I say that dire necessity may occur. Those who generalized said that it includes bequests and others. Those who restricted it said that the default is that the testimony of a disbeliever is invalid and rejected, so it is accepted only in what the explicit text brought, restricting it to bequests. Even at the level of... Even I, a Muslim. The stronger position, if I relate the two opinions and do not prefer one, then nothing is preferred in my view. And I have told you this; I will not be stingy with you if I return to something to say it is the stronger position, but if nothing is preferred in my view, I mention the two opinions, and you, if Allah wills, when you grow older, will determine the stronger one.
Answer : The testimony of disbelievers is accepted from some of them against others; the testimony of disbelievers from some of them against others is accepted, and their testimony is accepted regarding a Muslim in a specific matter mentioned by Allah the Exalted in Surat al-Ma'idah. He, the Exalted, said:
or two others from outside if you are traveling through the land
أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِي الْأَرْضِIn any place where we are in dire necessity to call upon a disbeliever for testimony, we accept it. Shaykh al-Islam (may Allah have mercy on him) leans toward this, that the testimony of a disbeliever is accepted in every place where the testimony of a Muslim is impossible. This happens frequently now; there may be a company where everyone in it is a disbeliever, and a contract, for example a sale, a lease, or a pledge, occurs between two men, and they have no one but these disbelievers.
I say that dire necessity may occur. Those who generalized said that it includes bequests and others. Those who restricted it said that the default is that the testimony of a disbeliever is invalid and rejected, so it is accepted only in what the explicit text brought, restricting it to bequests. Even at the level of... Even I, a Muslim. The stronger position, if I relate the two opinions and do not prefer one, then nothing is preferred in my view. And I have told you this; I will not be stingy with you if I return to something to say it is the stronger position, but if nothing is preferred in my view, I mention the two opinions, and you, if Allah wills, when you grow older, will determine the stronger one.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 3301 - 4600 هل تقبل شهادة الكافر على الكافر وعلى المسلم؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
