that So-and-so is known for his handwriting, writing to the judge, “I attest to the integrity of So-and-so,” that would suffice according to Shaykh al-Islam. According to the established school, however, it would not suffice, because testimony must be communicated orally.

His statement, “except the statement”: the word “statement” is the deputy subject; thus, the exception is unrestricted.

His statement, “two upright men”: ʿadl (uprightness) linguistically means rectitude, and it is also applied to the upright person himself. Since it is a verbal noun, it may be used as an adjective and as a predicate, as Ibn Malik said:

A verbal noun is often used adjectivally,
So keep it singular and masculine.

Likewise, it may be used as a singular predicate even when referring to a group.

In technical usage, however, an upright person is one who is upright in his religion and his moral propriety. Uprightness in religion means fulfilling the obligatory duties, avoiding major sins, and not persisting in minor sins. Thus, it encompasses three matters.

If he commits even one major sin and does not repent from it, he is not upright. If he commits only a minor sin and does not persist in it, he is upright; but if he persists in it, he is not upright. If he neglects any of the obligatory duties, he is not upright. Such duties include dutifulness toward one’s parents, maintaining ties of kinship, and the five daily prayers. Thus, if he omits one of them—and we hold that he does not thereby become a disbeliever—he is still not upright.

Based on this definition of an upright person, one who shaves his beard is not upright; therefore, if he gives testimony, his testimony is not accepted, because he persists in a minor sin. Likewise, one who smokes tobacco is not upright, because he persists in a minor sin. And one who backbites people—even only once, without repenting—is not upright, because he has committed a major sin.