whereas establishing the same for two or more sinful persons requires an additional premise. As for the number of witnesses they mention, scholars agree that it is not required for judgment in certain cases. According to the majority, judgment may sometimes be given without witnesses, as when an oath is refused or referred to the other party, and in similar circumstances. Judgment may also be given on the basis of one witness and an oath, as established by the Sunnah of the Messenger of Allah, may Allah bless him and grant him peace, for he

“gave judgment on the basis of one witness and an oath.”

Abū Dāwūd and others narrated this from Abū Hurayrah. Muslim narrated from Ibn ‘Abbās:

“The Messenger of Allah, may Allah bless him and grant him peace, gave judgment on the basis of one witness and an oath.”

Others besides these two also narrated it. This is further supported by the fact that Allah did not stipulate this qualification when testimony is given, either in the verse concerning unlawful sexual intercourse or in the verse concerning accusations of it. Rather, He said:

“Call four witnesses from among you to testify against them.”

And He said:

“And those who accuse chaste women and then fail to produce four witnesses.”

He commanded verification only when a single sinful person brings a report; He did not command it when two sinful persons bring a report. For a report from two engenders a degree of belief that a report from one does not.

For this reason, the scholars said: If the judge has doubts about the witnesses, he should separate them and question them about the place, time, and circumstances of what they witnessed, how they acquired their knowledge of it, and other matters that reveal whether their accounts agree or differ.

As for the words of the Most High:

“And never accept their testimony,”

this explicitly establishes that the testimony of these accusers must never be accepted, whether they testify singly or in a group. Indeed, the wording of the verse encompasses them both collectively and individually. For the verse was revealed concerning those responsible for the slander, as agreed by scholars, hadith specialists, jurists, and Quranic commentators. And those who accused