“Is Ma'iz mad?” They replied, “No; he is one of our upright men and is sound of mind.” He then asked, “Have you drunk wine?” He replied, “No.” Indeed, he ordered a man to smell his breath (1), that is, to detect its odour. This indicates that the Messenger of Allah, peace and blessings be upon him, had some doubt concerning this man’s confession and wished to verify it.

This is further supported by the account of the hired labourer, in which there is only his saying: “If she confesses, then stone her” (2). An unrestricted verb is fulfilled by a single instance. Likewise, in the case of the two Jews who committed fornication, the Messenger of Allah, peace and blessings be upon him, ordered that they be stoned (3), without it being mentioned that they repeated their confession. Similarly, the Prophet, peace and blessings be upon him, ordered the Ghamidi woman to be stoned, without it being mentioned that she repeated her confession. Indeed, she said, “O Messenger of Allah, do you wish to turn me away as you turned Ma'iz away?” (4).

This view—that repeating the confession four times is not a condition—is more preponderant, particularly when the matter has become widely known, as in the case of the hired labourer. That case had become public, because the labourer’s father went about asking people what was due from his son. He was told, “Your son owes one hundred sheep and a slave-girl,” so he secured his son’s release by paying that ransom. Then the dispute came before the Messenger of Allah, peace and blessings be upon him, and he judged between them according to the Book of Allah.

There are two opinions on this issue:

The first is that it is a condition.

The second is that repetition is not required in a confession.

However, both opinions agree that if the judge has cause for doubt, he is obliged to ascertain and verify the matter.