among the people of knowledge; this is because retaliation involves shedding blood as a punishment (1) for a crime, so precaution is exercised by requiring two just witnesses, as in the case of prescribed punishments (hudud). This applies equally whether the retaliation is due upon a Muslim or a non-Muslim, a free person or a slave; because punishment is something for which one must take precautions to prevent. There has been reported (2) from Abu Abd Allah, may God have mercy upon him, another narration that only the testimony of four is accepted in witness of killing. This is the school of al-Hasan, because it is testimony by which killing is established, so it [is not accepted from] (3) fewer than four, like testimony regarding adultery by a person who is muhsan (formerly married/chaste). Our argument is that it is one of the two types of retaliation, so two are accepted (4) for it, like the severing of a limb. It differs from adultery, as that is specific to [the requirement of four], and the rationale is not that it is killing, evidenced by the requirement of four in the adultery of a virgin, despite there being no killing in it. Furthermore, it is distinguished by the fact that it necessitates (5) a penalty upon the one who accuses someone of it, and the witnesses, if their testimony is not complete—thus it is not permissible to equate to it that which is not like it.

1531- Issue: He said: "And for those crimes that necessitate financial payment rather than the death penalty (qawad), the testimony of one man and two women is accepted, or one just man along with the oath of the plaintiff."

The summary of this is that whatever has financial payment as its requirement, such as accidental killing, quasi-intentional killing, intentional killing in the case of one who is not a peer, an abdominal wound (ja'ifah), a head wound reaching the brain (ma'mumah), wounds less than a clear fracture (mudihah), the partner of an accidental killer, and similar cases, then the testimony of one man and two women is accepted for it, as well as the testimony of a just man and the oath of the plaintiff. This is the school of al-Shafi'i. Abu Bakr said: It is not established except by the testimony of two just men, and the testimony of women is not heard for it, nor is one witness and an oath; because it is testimony regarding a killing or a crime against a human being, so it (1) is not heard.