means, then likewise we do not know of zina having been established through testimony down to our own day, because it is extremely difficult.
If the four witnesses testify that they saw him with her as a man is with his wife, he is not subject to the prescribed punishment for zina. Should they then be flogged for slander? They should not be flogged for slander, because they have not accused him of zina. They did not say, “He committed zina”; rather, they merely said, “We saw him with her as a man is with his wife.”
But should we say that this constitutes a strong suspicion, established by the testimony of these upright witnesses, and that he should therefore be disciplined? Yes. If the zina that entails the prescribed legal punishment has not been established, he should nevertheless be disciplined on account of the suspicion. For we face one of two possibilities: either we discipline him or we discipline the witnesses; and undoubtedly one of the two parties is mistaken. Here, the witnesses’ testimony establishes the suspicion.
His statement, “four,” is the subject of “testify,” but it comes after its governing verb because the conditions were mentioned successively. The word “four” is the masculine form of the number; accordingly, they must be men. Thus, “four” means four men, as Allah Most High says:
“Why did they not produce four witnesses to it?” [al-Nur 24:13]
The word “witnesses” is likewise masculine, being the plural of “witness” or “martyr.” Therefore, if eight women testify, their testimony is not accepted; likewise, the testimony of three men and two women is not accepted.
His statement, “from among those whose testimony is accepted in it,” means: in cases of zina. Thus, these witnesses must be among those whose testimony is accepted regarding zina itself. Some people’s testimony is accepted in cases of zina but not in other matters, while others’ testimony is accepted in other matters but not in cases of zina. An example is a blind person: the testimony of a blind person concerning what he hears is accepted, but not concerning what he sees. Thus, if three men come and testify