The Condition of Being Legitimately Born or not Being Illegitimate for a Judge or a Witness

According to Shia jurisprudence a judge or a witness in the court should have some qualifications, one of which is to be legitimately born. Earlier scholars expressed this condition as to not be illegitimately born, while some later ones as to be legitimate. This difference leaves some jurisprudential consequences especially when it is not clear whether one is legitimately born or not. This article examines this issue by examining the hadiths and other evidences presented by jurists. The result of the study shows that according to the sound hadiths, for a witness to bear testimony in the court it is necessary not to be illegitimately born but for a judge neither this condition nor being legitimately born is necessary.