because a confession to unlawful sexual intercourse entails the prescribed punishment, and testimony establishes the confession. Since it is the testimony that establishes the confession—which entails the punishment for unlawful sexual intercourse—four men must testify to it.
His words, “For one who has intercourse with an animal, two men suffice”: meaning, if two men testify against someone that he had intercourse with an animal, that is sufficient. What is then done with this person? He is given a discretionary punishment, and the animal is killed. If it belonged to him, he has lost it; but if it belonged to someone else, he must compensate its owner for it.
His words, “In the remaining prescribed punishments, retaliation, and matters that are neither punishments nor property, are not intended to secure property, and are ordinarily observed by men—such as marriage, divorce, resumption of marriage, khul‘, lineage, clientage, and the appointment of an executor—two men are accepted”: the required number in these matters is two men. Women’s testimony is not accepted in them. But pay attention to the conditions. He says: “the prescribed punishments and retaliation”—these are two categories—“and matters that are neither punishments nor property, are not intended to secure property, and are ordinarily observed by men”—and these are three conditions: “neither punishments,” because it has already been stated that, if the punishment concerns unlawful sexual intercourse, four men are required; “nor property,” because the type and number of witnesses sufficient for property will be mentioned; “nor intended to secure property,” likewise, what suffices for this will be mentioned; and “ordinarily observed by men”—what suffices for this will also be mentioned. Thus, property and what