Section: If a man testifies to that, Abu al-Khattab said: His testimony is accepted on its own; because he is more complete than a woman, so if she alone is sufficient, then it is more appropriate that he is sufficient, and because what is accepted based on the word of a single woman, the word of a man is also accepted therein, such as in narration.

1886 - Issue; He said: (And whoever is obligated to provide testimony, he must fulfill it regarding both the near and the far; it is not permissible for him to refrain from establishing it while he is capable of doing so.)

The summary of this is that the performance of testimony is a communal obligation (fard kifaya). If it becomes specific to him, in that no one else who is sufficient is able to bear it, then he is obligated to perform it. If two others besides him perform it, its performance is lifted from him. If the judge accepts it, and it was borne by a group, then its performance is obligatory upon all of them; if they refrain, they are all sinful, like other communal obligations. The evidence for its obligation is the saying of Allah the Almighty: "And do not conceal testimony, for whoever conceals it, his heart is indeed sinful" (Surah al-Baqarah: 283). And His saying, the Almighty: "O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both" (Surah al-Nisa': 135). In the other verse: "Be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness" (Surah al-Ma'idah: 8). Also, because testimony is a trust, so he is obligated to perform it when requested, like a deposit, and due to His saying, the Almighty: "Indeed, Allah commands you to render trusts to whom they are due" (Surah al-Nisa': 58). If he is unable to establish it, or is harmed by it, it does not become obligatory upon him; according to the saying of Allah the Almighty: "And no scribe or witness should be harmed. For if you do so, indeed, it is disobedience in you" (Surah al-Baqarah: 282).

Section: And whoever has sufficient means has no right to take a fee for testimony; because it is the performance of an obligation, for if a communal obligation is performed by some, it counts as an obligation on their part. If he does not have sufficient means, and no...