then their testimony must concern a single act of zina. Thus, if two men testify that he committed zina in the morning, and two testify that he committed zina in the evening, these are two separate acts; the testimony is therefore not accepted, and the witnesses are flogged for slander, because the zina is not one and the same act.
Likewise, if two testify that he committed zina in one corner, and two testify that he committed zina in another corner, is this one act of zina or not?
There is some detail to this. If the room is small, the testimony is complete; but if it is large, it is not complete. The reason is that, in a small room, it is possible for her to roll with him from one corner to another—we ask Allah for well-being. But if the room is large, this is ordinarily impossible, so the zina is deemed to be two separate acts.
Must the woman with whom zina was committed be identified? This is not a condition, because she may be unknown to the witnesses. This is why the author did not mention this condition, and rightly so.
His statement, “they describe it,” means that they must describe the zina in explicit terms, saying, “We saw his penis in her vagina.” If they say, “We saw them naked together,” this is not accepted. Even if they say, “We testify that he was with her as a man is with his wife,” their testimony is insufficient. Rather, they must say, “We testify that his penis was in her vagina.” This is extremely difficult, just as the man against whom testimony was given in the time of Umar said: “Had you been between our thighs, you would not have given this testimony.”
I think this is impossible, though I do not know whether it may be possible through modern means such as photography. Apparently, it is not possible even then, because what a photograph can perceive, the eye can perceive; so if the eye cannot perceive it, neither can the photograph. Hence Shaykh al-Islam says that zina was not established through testimony from the time of the Prophet, peace and blessings be upon him, until his own time. And if it was not established by this