knows his own entitlement best. “And take as witnesses”: that is, call to witness “two witnesses,” meaning two persons to bear witness, “from among your men,” that is, free Muslim men, excluding slaves, children, and disbelievers. This is the view of most scholars. Shurayh and Ibn Sirin, however, permitted the testimony of slaves. “And if there are not two men”: that is, if the two witnesses are not men, “then one man and two women”; that is, let one man and two women bear witness.

The jurists are unanimously agreed that women’s testimony, together with that of men, is admissible in financial matters, so that they may be established by one man and two women. They differed concerning matters other than financial ones. One group held that women’s testimony together with men’s is admissible in matters other than penal cases; this was the view of Sufyan al-Thawri and the proponents of legal reasoning. Another group held that non-financial matters can be established only by two upright men. Al-Shafi‘i, may Allah have mercy on him, held that matters which women generally observe, such as childbirth, breastfeeding, defloration, virginity, and the like, may be established by the testimony of one man and two women, or by the testimony of four women. They agreed that women’s testimony is not admissible in penal cases.

His saying, “from those witnesses whom you approve,” means those whose religious commitment and trustworthiness are acceptable. The conditions for the acceptance (1) of testimony are seven: Islam, freedom, sanity, adulthood, uprightness, personal propriety, and the absence of suspicion. The testimony of a disbeliever is rejected, for the testimony of those known among people to lie is not admissible; thus, one who lies against Allah is even more deserving of having his testimony rejected. The proponents of legal reasoning permitted the testimony of the dhimmis—non-Muslim subjects under Muslim protection—against one another. The testimony of slaves is not accepted, though Shurayh and Ibn Sirin permitted it; this was also the view of Anas ibn Malik, may Allah be pleased with him. An insane person has no legally valid statement, much less testimony, and the testimony of children is not admissible. Ibn Abbas, may Allah be pleased with him, was asked about this and said: “It is not admissible, for Allah—exalted is He—says: ‘from those witnesses whom you approve.’”

Uprightness is a condition: the witness must avoid major sins and not persist in minor sins. Personal propriety is also a condition. It consists of those matters connected with proper conduct which make it known that one who neglects them has little modesty: namely, good appearance, conduct, social dealings, and occupation. Thus, if a man displays something in these respects which people of his standing would generally be ashamed to display, this indicates his lack of personal propriety, and his testimony is rejected. 51/A The absence of suspicion is likewise a condition. Thus, the testimony of an enemy against his enemy is not accepted, even if his testimony is accepted against others, because he is suspected in matters concerning his enemy. Nor is a man’s testimony accepted in favor of his child or his father, even though his testimony may be accepted against them. Likewise, the testimony of one who derives benefit for himself through his testimony is not accepted, such as an heir testifying against a man who killed the person from whom he stands to inherit; nor that of one who wards off harm from himself by his testimony, such as a person against whom testimony has been given who testifies to impugn the witness testifying against him—for suspicion is firmly present in his testimony.

Abu Abd Allah Muhammad ibn al-Hasan al-Marwazi informed us; Abu al-Abbas Ahmad ibn Muhammad ibn Siraj al-Tahhan informed us; Abu Ahmad Muhammad ibn Quraysh ibn Sulayman informed us; Ali ibn Abd al-Aziz al-Makki informed us; Abu Ubayd al-Qasim ibn Sallam informed us; Marwan al-Fazari informed us, from a shaykh of the people of al-Hirah named Yazid ibn Ziyad, from al-Zuhri, from Urwah, from