Let us consider the author’s examples.
Sale: A person claims that So-and-so sold him his car, while So-and-so denies having sold it. We say to the claimant: “Produce the evidence,” namely, two men; or one man and two women; or one man together with the claimant’s oath. If he produces two men who testify that the sale took place, judgment is given in his favor on that basis. Likewise, if he produces one man and two women, judgment is given in his favor.
If someone were to ask, “How can the two women testify? How can a woman speak before the judge?” The answer is that she may speak before the judge, because her voice is not ʿawrah (something required to be concealed).
If he produces neither two men nor one man and two women, but produces only one man and says, “I have no one besides this man,” we say: “This man’s testimony needs to be reinforced by an oath. Let him testify, and strengthen his testimony with your oath.” This is because, as we previously established, the oath is on the side of the stronger of the two litigants. The claimant’s side has now become stronger than that of the defendant, because the defendant has nothing but the original presumption—that no sale took place—whereas the claimant now has a witness, and a witness is stronger than the original presumption. Since his side has been strengthened by the witness, we say to him: “Swear an oath.” Therefore, if he swore before presenting the witness, it would not benefit him. He must first produce the witness and have him testify, then swear the oath.
Must he swear that his witness is truthful, saying: “By Allah, So-and-so sold me such-and-such, and by Allah, my witness is truthful”? The answer is: he is not required to do so, because determining whether the witness is truthful or otherwise rests with the judge, not with him.
Thus, the forms of evidence in matters of property and what is sought through it are three. If he were to produce