الكافي- ط الاسلامية, volume 7, page 4

2. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from al-Halabiy from Muhammad ibn Muslim who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), if it is permissible for a person of the religion to appoint a witness who is not of the people of his religion. He (the Imam) said, ‘Yes, it is permissible when witness from the people of his own religion is no available; destroying anyone’s right is not suitable.’”

Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.

3. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan and Ali ibn Ibrahim has narrated from his father from all from Ibn Abi ‘Umayr from Fiisham ibn al-Hakam who has narrated the following: “About the meaning of the words of Allah, most Majestic, most Glorious, ‘. . . and two people from others who are not of your people’ abu ‘Abd Allah (a.s.), has said, ‘This applies when he is in a place where Muslims are not available, then asking a non-Muslim to bear witness to a will is permissible.’”

Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.

4. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan, from Ibn Abi ‘Umayr from Rib‘iy who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), if a woman’s bearing witness to the will of a man when no man is available is accepted. He (the Imam) said, ‘It is effective for one-fourth of what is willed according to her testimony.’”

Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.

5. Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad from Ali ibn al-Hakam from Aban who has narrated the following: “In the case of a will for which there is no witness except a woman, abu ‘Abd Allah (a.s.), accepted it (such witness) for one-fourth of the will according to her testimony.’”

Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.

6. Muhammad ibn Ahmad has narrated from ibn al-Salt from Yunus ibn ‘Abd al-Rahman from Yahya ibn Muhammad who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the meaning of the words of Allah, most Majestic, most Glorious, ‘O believing people there must be two just (Muslim) witnesses when anyone of you is about to die or from other people.’ (5:106) Abu ‘Abd Allah (a.s.), said that in this verse, “‘The two from you”, means two Muslims and “the two from others”, means the people of the book. If two people from the followers of the bible are not found then two Zoroastrians can bear witness. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, established a Sunnah about Zoroastrians like that for the people of the book in paying al-Jizyah (taxes). Thus, if one dies in loneliness in a strange land and cannot find two Muslims, he can appoint two men from the people of the book who are then kept in custody after Salat (prayer). They will take an oath on Allah, most Majestic, most Glorious, saying that they do not sell their oath in exchange for a small price, even in favor of their relatives, that they do not hide the testimony for the sake of Allah; in so doing they will be committing sins.’ He (the Imam) said, ’This applies only when the heirs of the deceased doubt their testimony and it is found out that they have testified falsely. The heir cannot invalidate their testimony without presenting two witnesses who stand in place of the first two witnesses and take the oath on Allah that their testimony is more accurate than the testimony of the first two witnesses; if we transgress, we will be unjust. If this happens then the testimony of the first two becomes invalid and the testimony of the two later witnesses is admitted as valid. Allah, most Majestic, most Glorious, has said, “This will help preserve a proper testimony. The witnesses will be afraid of the rejection of their own testimony by a second pair of witnesses. Have fear of Allah and listen (properly). Allah does not guide the evil doing people.” (5:108)”’

Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.