And others. And because the need is pressing for testimony due to the occurrence of denial among people, it became necessary to revert to it. Shurayh said: "Judiciary is a coal, so push it away from you with two sticks," meaning the two witnesses. The adversary is a disease and the witnesses are a cure, so pour the cure onto the disease.

Section: Bearing testimony and discharging it is a communal obligation (fard kifayah); due to the saying of Allah Almighty: "And let not the witnesses refuse when they are called upon" (Qur'an 2:282). And He Almighty said: "And do not conceal testimony, and whoever conceals it, his heart is sinful" (Qur'an 2:283). The heart was specifically mentioned regarding the sin because it is the seat of the knowledge of it, and because testimony is a trust, so its discharge is binding, like all other trusts. Once this is established, if one is called to bear testimony in a marriage, a debt, or otherwise, responding is binding upon him. If one possesses testimony and is called to discharge it, that is also binding upon him. If two persons perform the obligation of bearing or discharging it, it is lifted from the rest. If all abstain, they are sinful. The abstainer is only sinful if there is no harm upon him and his testimony is beneficial. If there is harm upon him in bearing or discharging it, or if he is among those whose testimony is not accepted, or he would need to lower himself in the process of verification (tazkiyah) and the like, it is not binding upon him; due to the saying of Allah Almighty: "And neither let a scribe nor a witness be harmed" (Qur'an 2:282). And the saying of the Prophet (peace and blessings of Allah be upon him): "There shall be no harm nor reciprocating harm." And because it is not binding upon him to harm himself so that another may benefit. And if he is someone whose testimony is not accepted, it is not an obligation upon him, because the purpose of the testimony would not be achieved through him. And is one sinful for abstaining if someone else is found who can take his place? There are two views: one of them is that he is sinful because he has been designated by being called, and because he is forbidden from abstaining by His saying: "And let not the witnesses refuse when they are called upon." The second is that he is not sinful because someone else can take his place, so he is not uniquely designated for it, just as if he had not been called. As for the saying of Allah Almighty: "And neither let a scribe nor a witness be harmed," it has been narrated in both the fath (fath al-ba' - active voice) and the raf' (damma - passive voice). As for those who read it with raf', it is a statement meaning a prohibition.