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الفتح الربانی
Fath al-Rabbani
مسائل القضاء والشهاداتIssues of Judiciary and Testimonies
بَابُ نَهْي الشَّاهِدِ عَنْ كِتْمَانِ الْحَقِّ خَشْيَةَ النَّاسِ وَمَا جَاءَ فِي شَهَادَةِ الْحِسْبَةِChapter: Prohibition for the witness to conceal the truth out of fear of people, and what has been reported regarding testimony for public interest
Hadith 6432
اُردوEn
(وَعَنْهُ مِنْ طَرِيقٍ ثَانٍ) قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ خَيْرُ الشَّهَادَةِ مَا شَهِدَ بِهَا صَاحِبُهَا قَبْلَ أَنْ يُسْأَلَهَا
(Second chain) The Messenger of Allah, peace and blessings be upon him, said: The best testimony is that which the witness presents on his own before being asked.
Brief Explanation
Benefits: … The testimony which the Prophet sallallahu alayhi wa sallam has considered superior in these ahadith has two contexts:
(1) When someone’s right is being usurped, and there is no other witness available, then the person who has knowledge of the matter should, on his own initiative, give testimony.
(2) This testimony pertains to divorce (talaq), emancipation (freedom of slaves), endowments (waqf), general bequests, and hudud (prescribed punishments), etc.—that is, if a person has knowledge of these matters and clarification is required before the judge (hakim), then he should, on his own initiative, present testimony before the judge.
If the testimony is merely related to exposing someone’s fault, then silence should be maintained; however, as far as possible, that person should be advised privately.
(1) When someone’s right is being usurped, and there is no other witness available, then the person who has knowledge of the matter should, on his own initiative, give testimony.
(2) This testimony pertains to divorce (talaq), emancipation (freedom of slaves), endowments (waqf), general bequests, and hudud (prescribed punishments), etc.—that is, if a person has knowledge of these matters and clarification is required before the judge (hakim), then he should, on his own initiative, present testimony before the judge.
If the testimony is merely related to exposing someone’s fault, then silence should be maintained; however, as far as possible, that person should be advised privately.
