The third is that there is public announcement but no formal witnessing. According to the stronger view, this is permissible and valid.

The fourth is that there is neither formal witnessing nor public announcement. In that case, the marriage is invalid, because both public announcement and formal witnessing are absent.

“It is not valid except with two witnesses: upright, male, legally responsible, able to hear, able to speak, …”

His statement, “It is not valid except with two witnesses,” means two men. Thus, the testimony of two women and one man is not accepted; one man and one woman is even less so, as are two women, and likewise four women. There must be two male witnesses. Its evidence—if authentic—is the saying of the Prophet, peace and blessings be upon him: “There is no marriage except with a guardian and two upright witnesses” (1). This wording is used to refer to men.

His statement, “upright,” means upright in religious commitment and moral integrity. It says in al-Rawd (2): “Even if only outwardly, because the purpose is to publicize the marriage.” Here, outward uprightness is considered sufficient. Add this to what has preceded concerning the condition of outward uprightness in the guardian: thus, in the case of the marriage guardian and the witnesses to a marriage, outward uprightness is deemed sufficient. They likewise mention, in the chapter on the adhan, that outward uprightness is sufficient.

His statement, “male,” is merely for emphasis; otherwise, his statement, “two upright witnesses,” is understood to mean men.

His statement, “legally responsible,” whenever we say “legally responsible,” means adults of sound mind.

His statement, “able to hear,” means that they hear with their ears. If they are deaf, then their testimony is not