Chapter on Establishing Testimony Based on Knowledge Without Formal Witnessing

Man Lā Yaḥḍuruh al-Faqīh|Volume 3|Book 1|Chapter 21

Man Lā Yaḥḍuruh al-Faqīh

Volume 3, Book 1, Chapter 21

Chapter on Establishing Testimony Based on Knowledge Without Formal Witnessing

Hadith #3

3324 - وَ رَوَى عَلِيُّ بْنُ أَحْمَدَ بْنِ أَشْيَمَ قَالَ : سَأَلْتُ أَبَا اَلْحَسَنِ عَلَيْهِ اَلسَّلاَمُ عَنْ رَجُلٍ طَهُرَتِ اِمْرَأَتُهُ مِنْ حَيْضِهَا فَقَالَ فُلاَنَةُ طَالِقٌ وَ قَوْمٌ يَسْمَعُونَ كَلاَمَهُ وَ لَمْ يَقُلْ لَهُمُ اِشْهَدُوا أَ يَقَعُ اَلطَّلاَقُ عَلَيْهَا قَالَ "نَعَمْ هَذِهِ شَهَادَةٌ أَ فَتَتْرُكُهَا مُعَلَّقَةً".

Hadith.3324 - Ali ibn Ahmad ibn Ashyam narrated that he asked Abu al-Hasan, peace be upon him, about a man whose wife became pure from her menstruation, and he said: "So-and-so is divorced," while people were listening to his words, but he did not tell them, "Bear witness." Does the divorce take effect upon her? Imam said: "Yes, this is a testimony. Would you leave her in suspense?"

The compiler of this book, may Allah سبحانه وتعالى have mercy on him, commented: The meaning of this narration, in which the choice was left to the witness regarding the accounting of two men, applies when there are other witnesses regarding that right. Whenever it is known that the rightful person is being wronged and his right cannot be restored except through the testimony, it becomes obligatory to give it, and it is not permissible to conceal it.