IslamQA

Criteria for accepting witnesses statement

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Person A passed away. After this, Person B claims that Person A had done wasiyyah of part of his wealth to him. He brings two male witnesses.

My question is: Do these witnesses need to be upright in order for the wasiyyah to be valid? Or would they just have done tahammul of shahada, in which being upright is not a condition?

Bismillaah

A: If they are not aadil (just and pious witnesses), their witnessing will not be accepted.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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