What is the ruling on a husband testifying to his wife’s admission regarding selling, buying, and agency, and likewise a father testifying to his son in that regard, and vice versa?
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The questioner : May the Shaykh be preserved by Allah, what is the ruling on a husband testifying to his wife’s admission regarding selling, buying
The Shaykh : What?
The questioner : What is the ruling on a husband testifying to his wife’s admission regarding selling, buying
and agency, and likewise a father testifying to his son in that regard, and vice versa? May Allah preserve you.
The Shaykh : Yes, the scholars say: if a person is suspected due to kinship or marriage, his testimony in favor of the one he is suspected of is not accepted, but his testimony against the one he is suspected of is accepted. This is correct, for Allah the Exalted said:[An-Nisa 4:135].
So if a man testifies that his wife did something, and the testimony is against her, it is accepted without doubt. But if he testifies in her favor, most scholars say it is not accepted because he is suspected.
Some scholars said: if he is known for his justice, and we know that he will not give false testimony even for his wife, then it is accepted, meaning his testimony. In that case, I say: we refer to the opinion of the judge in this matter.
In summary: the testimony for a father, or for a son, or for a wife, the original ruling is that their testimony is not accepted. But testimony against them is accepted. And Allah knows best.
The Shaykh : What?
The questioner : What is the ruling on a husband testifying to his wife’s admission regarding selling, buying
and agency, and likewise a father testifying to his son in that regard, and vice versa? May Allah preserve you.
The Shaykh : Yes, the scholars say: if a person is suspected due to kinship or marriage, his testimony in favor of the one he is suspected of is not accepted, but his testimony against the one he is suspected of is accepted. This is correct, for Allah the Exalted said:
O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives
يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّهِ وَلَوْ عَلَى أَنْفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَبِينَSo if a man testifies that his wife did something, and the testimony is against her, it is accepted without doubt. But if he testifies in her favor, most scholars say it is not accepted because he is suspected.
Some scholars said: if he is known for his justice, and we know that he will not give false testimony even for his wife, then it is accepted, meaning his testimony. In that case, I say: we refer to the opinion of the judge in this matter.
In summary: the testimony for a father, or for a son, or for a wife, the original ruling is that their testimony is not accepted. But testimony against them is accepted. And Allah knows best.