The second is one whose handwriting is known and who gives his testimony in writing. His testimony is accepted without any difference of opinion.
The third is one whose gesture is recognized and understood. This is a matter concerning which the scholars differ. The well-known position in the madhhab is that his testimony is not accepted; but the sound view, beyond any doubt, is that it is accepted.
The fourth: Islam. The fifth: retention. The sixth: uprightness. Two things are required for it: soundness in one’s religious practice, which consists of fulfilling the obligatory duties along with their regular sunnah prayers, and avoiding prohibited matters, by not committing a major sin or persisting in a minor sin. Thus, the testimony of an openly sinful person is not accepted.
His statement, “The fourth: Islam,” means: the fourth condition. Islam is a condition for the acceptance of testimony, for if uprightness is a condition, then Islam is the foundation of uprightness. This is why Allah Most High always attributes the witnesses to the second-person pronoun, referring to the believers. He says:
“And call two witnesses from among your men.” [al-Baqarah 2:282]
“And call to witness two upright men from among you.” [al-Talaq 65:2]
And He, Most High, says:
“O you who believe, if an openly sinful person brings you any news, verify it.” [al-Hujurat 49:6]
If we are required to verify the report of an openly sinful person and not accept it, then what of a disbeliever? A witness must necessarily be a Muslim, as indicated by the Quran and sound reasoning, because a disbeliever is liable to betrayal and cannot be trusted. Allah Most High says:
“O you who believe, do not take as intimates those outside your ranks: they will spare no effort to ruin you; they wish for your hardship.” [Al 'Imran 3:118]
“They will spare no effort”—that is, they will spare no effort concerning you—“to ruin you,” meaning that you should fall into ruin, which is to act without reason; “they wish for your hardship,” that is, whatever causes you difficulty. Thus, the disbelievers strive with all their might to ensure that our actions are ruinous, wasted, and devoid of any good.
Even if a disbeliever is exceptionally truthful—and a disbeliever may indeed be truthful—we do not accept his testimony. Thus, if a disbeliever’s testimony came by means of photography—for example, if a disbeliever had a camera and filmed the event—and I hold that