among the jurists that if a witness were to give evidence before a judge, while some form of sinful conduct that disqualified his testimony had become widely reported about him, his testimony could not be accepted. Rather, his integrity may be challenged before the judge on the basis of that widespread report, even if the person raising the challenge did not witness the conduct himself. It is authentically reported that a funeral procession passed before the Prophet ﷺ and people spoke well of the deceased, whereupon he said, “It has become due; it has become due.” Another funeral procession passed before him and people spoke ill of the deceased, whereupon he said, “It has become due; it has become due” (1). When they asked him about this, he replied, “You spoke well of the deceased in the first funeral, so I said that Paradise had become due for that person. You spoke ill of the deceased in the other funeral, so I said that the Fire had become due for that person. You are Allah’s witnesses on earth” (2).

Yet during his lifetime there was a woman who engaged (3) in sexual immorality, and he said, “If I were to stone anyone without evidence, I would stone this woman.” This is how it appears in the authentic hadith (4). He thus made clear that prescribed penalties are imposed only on the basis of evidence.

As for exercising caution regarding a man’s testimony, trustworthiness, and the like, such caution may rest [on] reasonable grounds for suspicion. The Prophet ﷺ said, “The testimony of neither a treacherous man nor a treacherous woman is admissible, nor that of anyone who bears rancor (5) against his brother [أ/ق 60]; nor is the testimony of a dependent in favor of the household supporting him admissible” (6). It is likewise related from him that he