the work and demand a share of the other’s earnings; rather, he must perform whatever work the contract requires, whether expressly or by custom.

As for judges compelling them to enter this partnership against their will, this does not constitute unjustified coercion to enter into contracts. For it is the judges who authorize them to earn a livelihood through testimony, and this is conditional upon their being certified as upright. Their situation is unlike that of craftsmen, who earn their livelihood without the ruler’s permission. Since judges have authority in this matter, they may also require them to enter into partnership: at least two must be in attendance, and both must participate in giving testimony, since the testimony of one person does not fulfil its intended purpose.

Accordingly, the requirements of justice between them must be observed. None may refuse to perform work incumbent upon him, nor may any of them claim exclusively any portion of the earnings covered by the partnership, whether they are together or apart. And Allah, glorified be He, knows best.