establishing the condition—namely, the mention of Allah’s name—because the basic presumption is that an act is valid. If it is found that a condition was absent or an impediment existed, the opposing party may claim this, and the matter will be examined. Thus, if the defendant in a sale case says, “The sale involved uncertainty regarding the price or the item sold,” then we say: We do not rule that the sale is valid until we examine this claimant’s allegation that one of the conditions was not fulfilled. Likewise, if the defendant alleges that the sale took place after the second Friday call to prayer, we do not accept the testimony until we examine the claimant’s allegation that it occurred after the second Friday call to prayer in the case of one upon whom the Friday prayer is obligatory.
This view is the stronger one. Its strength is supported by the hadith of Aisha, may Allah be pleased with her, to which we referred, as well as by the reasoning that the basic presumption concerning contracts is that they are sound and valid unless evidence of invalidity arises, whether through the absence of a condition or the existence of an impediment. There are also contracts not mentioned above, such as pledging, gifts, leasing, sharecropping, crop-sharing, partnerships, and others. The point is that this principle we have mentioned applies to all contracts.
“If he testifies concerning breastfeeding, theft, drinking, or slanderous accusation, he must describe it. As for unlawful sexual intercourse, he must describe it by mentioning the time, the place, and the woman with whom it was committed, …”
His statement, “If he testifies concerning breastfeeding”: its conditions must be mentioned, and it must also be described. Thus, he says: “This child was breastfed by this woman five times or more during the period of breastfeeding.” But if he says, “I testify that he was breastfed by this woman,” and mentions nothing further, the testimony is not accepted. It was also said that it is accepted, because when the Prophet, may Allah bless him and grant him peace, was told of the statement of the woman who said concerning the man and his wife, “I breastfed you both,” he said: “How can you remain married when she has said so?!” (1)