But if he testifies to what he knows rather than what he witnessed, does he have to take an oath?
Machine translationRead the Arabic original
The questioner : But may Allah reward you, if he testifies to what he knows rather than what he witnessed, knowing something specific about this person, and he testifies to what he knows rather than what he witnessed.
The Shaykh : That is, he says, "I testify that this man is accused."
The questioner : For example, he accuses him of drinking intoxicants, knowing that so-and-so among the people drinks intoxicants.
The Shaykh : If these people are given the authority to judge by this, then let them judge by it.
The questioner : Not before the judge.
The Shaykh : If they are not given the authority to judge and the case requires referral, then the referral should be made by someone other than this witness, such as the head of the market inspectorate or another official, and this person would be the witness.
The Shaykh : That is, he says, "I testify that this man is accused."
The questioner : For example, he accuses him of drinking intoxicants, knowing that so-and-so among the people drinks intoxicants.
The Shaykh : If these people are given the authority to judge by this, then let them judge by it.
The questioner : Not before the judge.
The Shaykh : If they are not given the authority to judge and the case requires referral, then the referral should be made by someone other than this witness, such as the head of the market inspectorate or another official, and this person would be the witness.