Reported by al-Bukhārī. Two views are reported from Ahmad on this matter.

In Sūrat al-Nisāʾ, Allah, glorified be He, mentioned the punishment specific to women: confinement in houses until death or until He provided a way for them. He then mentioned what applies to both sexes, saying:

“If two among you commit it, punish them both.”

Punishment here applies to both sexes, whereas confinement is specific to women. Women were thus to be punished and confined, unlike men, for whom He did not command confinement. This is because a woman must be protected and safeguarded in ways not required for a man. For this reason, she is specifically required to observe seclusion, refrain from displaying her adornment, and avoid ostentatious display. She must therefore remain covered by clothing and sheltered within houses to an extent not required of a man, because women’s appearing in public is a cause of temptation, and men are responsible for their care.

His words,

“Call four witnesses from among yourselves against them,”

indicate two things: that the required number of witnesses to this indecency is four, and that those who testify to it against our women must be from among us. Thus, the testimony of unbelievers against Muslims is not admissible. There is no disagreement concerning this. The disagreement concerns only the admissibility of unbelievers’ testimony against one another. Two views are reported from Ahmad. The better-known view from him and among his followers is that it is inadmissible, as is the position of Mālik and al-Shāfiʿī. The second reported view is that it is admissible. This was preferred by Abū al-Khattāb, one of Ahmad’s followers, and it is the position of Abū Hanīfah. It accords more closely with the Book and the Sunnah. The Prophet, may Allah bless him and grant him peace, said: “The testimony of the followers of one religion against the followers of another is not admissible, except