and the man separated from her, although she had said no more than, “I breastfed you both.” According to this view, there is no need to mention the conditions unless we know that this person is unaware of them, or it is most likely that the conditions are unknown to him; in that case, we inquire further. Thus, if a woman comes and says, “I breastfed this man and this woman,” and we know, or consider it most likely, that a woman such as her is unaware of the conditions of breastfeeding that establishes prohibition, then we must inquire further.
This does not contradict what we previously said: that one who testifies to a marriage contract or another contract need not mention its conditions. This is because, when she says, “I breastfed you both,” the verb indicates a single instance. Therefore, if we know, or consider it most likely, that this woman does not know the conditions for breastfeeding that establishes prohibition, we must inquire further, for the reason mentioned: namely, that the basic presumption concerning an act is that it occurred once, not repeatedly.
His statement, “or theft”: likewise, if he testifies concerning theft, he must describe it and mention its conditions. He should explain how the theft was committed, when it was committed, from where the item was taken, and what was taken, as a precaution in matters of prescribed punishments. In fact, caution is required here from two perspectives: that of prescribed punishments and that of people’s rights. For two consequences result from theft: first, liability for the stolen property; and second, amputation.
However, this requires further distinction. If he testifies to theft, saying, “I testify that so-and-so stole such-and-such from the property of so-and-so,” or, “He stole so-and-so’s camel or sheep,” then judgment is made against him on the basis of this testimony alone, without requiring a detailed description, in order to safeguard people’s rights. But the prescribed punishment is not carried out upon him until the theft is described and it is established, for example, that he took it from a protected place of custody, so that prescribed punishments may be averted in cases of doubt.