Khibra (expertise, and its use in vetting witnesses)

الخبرة

Khibra (expertise) lexically is the knowledge of a thing's true nature; its people are the experts, and Khabir is a name of God. ^{1 2} Expertise differs from knowledge and recognition in that it is the knowledge of a thing's inner reality, from trial (tajriba) in needing no repetition, from skill (hidhq) in being broader than craft, and from physiognomy (firasa) in being mostly by study rather than insight. ^{2 3} The jurists rely on the word of experts in many rulings, including the vetting of witnesses; most require the judge to seek those who vouch for the witnesses, and the vetter must know the grounds of reproach and praise and the inner conduct of the one he vouches for, through knowledge, neighbourhood or dealing. ^{3 4} The jurists rely on experts in estimating dates and grapes for zakat (kharṣ), the estimate given when the fruit is ready, which the majority require the imam to send someone to make; the Hanafis call it a guess that binds no one. ⁵ The qa'if traces and recognises kinship from likeness, and the majority, against the Hanafis, act on his word on descent if he is experienced; one qa'if suffices. ^{5 6} In valuation the jurists rely on experts among merchants and craftsmen for the value of what was destroyed, the compensation for injuries and the defects that give a right to annul; more than one assessor is needed where a legal penalty depends on the value, as for the value of stolen goods. ^{6 7} Expert testimony is testimony when it is given as such and then two are needed by the majority, but one suffices when given as information, as with physicians, veterinarians, the estimator of dates, the tracker of kinship, the divider of inheritance and the measurer of wounds; a single witness does not suffice where a legal penalty depends on it. ^{8 9} When experts disagree, each question has its ruling: the Hanafis hold that a defect not agreed on by merchants gives no right to return, the Malikis prefer the more just of two testimonies, and the Shafiis believe the buyer where in doubt. ^{9 10}