LessonsLegal Cause, Effective Cause and ConditionQuiz

والشاهد إذا أتلف بشهادته مالاً فظهر بطلانها بالرجوع ضمن.
If property is lost through testimony and its invalidity later becomes apparent when the witness retracts, the classical discussion places liability on the witness in the relevant case.

The judge formally pronounced the decision, yet the testimony provided the juridical basis on which the decision was made. Consequently, the loss may be attributed to that testimony once the necessary grounds of retraction are established.

This is a specialized case involving judicial testimony, judgment and retraction. It does not mean that every mistaken statement automatically generates the same type of liability.

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Retracted testimony and the judge’s decision

Legal Cause, Effective Cause and Condition

والشاهد إذا أتلف بشهادته مالاً فظهر بطلانها بالرجوع ضمن.
If property is lost through testimony and its invalidity later becomes apparent when the witness retracts, the classical discussion places liability on the witness in the relevant case.

The judge formally pronounced the decision, yet the testimony provided the juridical basis on which the decision was made. Consequently, the loss may be attributed to that testimony once the necessary grounds of retraction are established.

This is a specialized case involving judicial testimony, judgment and retraction. It does not mean that every mistaken statement automatically generates the same type of liability.