and Shakir denies it. We then say to the claimant: Produce evidence. This consists of one of the three forms mentioned by the author: two men; or one man and two women; or one man together with the claimant’s oath.
His statement, “and the option therein,” means in a sale: that the buyer or seller claims to have stipulated an option to rescind, but the other party denies it. In this case, the evidence is either two men, one man and two women, or one man together with the claimant’s oath, because the option is a matter connected with property.
His statement, “and the like,” means matters similar to these that relate to property, such as loans, salam contracts, leases, pledges, endowments, and so on. Thus, everything connected with property may be established by one of three forms of evidence: two men; one man and two women; or one man together with the claimant’s oath.
We have previously discussed whether two women suffice in place of one man when the claimant also takes an oath. We mentioned that Shaykh al-Islam holds that they do suffice. Likewise, if there are four women, does their testimony suffice in place of two men? We mentioned that there is a difference of opinion on this, and that the stronger view is that it is accepted and sufficient.
Is the claimant’s case accepted whenever he produces two witnesses? We say: It is not accepted in every case. We previously mentioned that a claimant’s case has six conditions, one of which is that the claim must be possible. If it is impossible, it is not accepted. For example, if a man says, “So-and-so sold me his house forty years ago,” while the alleged seller is only twenty years old, then such a claim is not heard.
Is the one who swears in a qasamah oath sinful?