Conditions of a Valid Witness

**Five Conditions for One Whose Testimony is Accepted:** --- **1. Islam:** A disbeliever's testimony is not accepted. **Evidence:** "And bring to witness two just men from among you" [At-Talaq: 2] and "from among those you accept as witnesses" [Al-Baqarah: 282]. A disbeliever is not just nor acceptable. **Exception:** The testimony of disbelieving People of the Book is accepted for **wills during travel** out of necessity when no one else is available. **Evidence:** "O you who believe, testimony between you when death approaches one of you at the time of bequest - two just men from among you, or two others from outside yourselves if you are traveling through the land and the disaster of death strikes you" [Al-Ma'idah: 106]. Ibn Abbas and many others said regarding "or two others from outside yourselves": from other than Muslims - meaning the People of the Book. --- **2. Adulthood and Sanity:** A child's testimony is not accepted even if he is just, because he lacks complete reason and is deficient in legal capacity. **However:** Children's testimony against each other is accepted in cases of injuries specifically - especially before they disperse, if their statements agree. An insane, mentally deficient, or intoxicated person's testimony is also not accepted - their testimony does not provide the certainty required for judgment. --- **3. Ability to Speak:** A mute person's testimony is not accepted, even if his signs are understood. His signs are only accepted in matters specific to him out of necessity. However, if he delivers testimony through writing, it is accepted - because writing indicates spoken words. --- **4. Memory and Attentiveness:** The testimony of one known for negligence, frequent errors, and forgetfulness is not accepted - due to lack of confidence in his statement, as it may be from his mistakes. But one with minimal such issues is accepted - no one is free from some error. --- **5. Justice ('Adalah):** A fasiq's testimony is not accepted. **Evidence:** "And bring to witness two just men from among you" [At-Talaq: 2]. **The just person is:** One upright in his religion, from whom no suspicion has appeared, of good character, who performs obligations and recommended acts, and avoids prohibitions and disliked acts.