is intended to secure property require either two men, or one man and two women, or one man together with the claimant’s oath, as will be discussed. In matters ordinarily observed by women, one woman alone suffices, such as divorce and resumption of marriage. Some say that divorce and resumption of marriage require witnesses; this too will come in the author’s discussion. We must understand what is excluded by these qualifications.

His words, “that which is not a punishment,” exclude matters that are punishments, whose proof requires two men, such as the prescribed punishments and retaliation.

His words, “nor property,” exclude that which is property.

His words, “not intended to secure property,” likewise exclude what is intended to secure property, whose required proof is the proof applicable to property, as will be discussed.

His words, “ordinarily observed by men,” exclude matters ordinarily observed by women, whose required proof will be mentioned in the author’s discussion.

His words, “such as marriage”: marriage requires two men. Thus, if four women testified and said, “We testify that So-and-so contracted marriage with So-and-so,” their testimony would not be accepted. Likewise, the testimony of one man and two women is not accepted.

His words, “and divorce”: divorce likewise requires two men. If two women testified to it, it would not be ruled established, even if the two women were in the house. Thus, if two women testified that So-and-so divorced his wife, and no one besides those two women was with him, the divorce would not be deemed to have occurred if the husband denied it, because two men are required. They cite as evidence the words of Allah, Most High: “And take as witness two just men from among you” [al-Talaq 65:2]. As for women, the dual form is dhawātay, as Allah, Most High, says: “two gardens bearing bitter fruit” [Saba’ 34:16]. This indicates that men are required.