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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 14 · Page 136

Translation · EN

two are sufficient, just as with men, and because men are more complete in intellect than them, and only two are accepted from them. 'Uthman al-Batti said: Three are sufficient; because in every situation where women are accepted, the number was three, just as if a man were with them. Abu Hanifa said: The testimony of a single woman is accepted regarding the birth of wives, but not regarding the birth of a divorced woman. 'Ata, al-Sha'bi, Qatada, al-Shafi'i, and Abu Thawr said: Only four are accepted in it; because it is a testimony for which freedom is a condition, so a single [woman] is not accepted in it, like other testimonies, and because the Prophet (peace and blessings of Allah be upon him) said: "The testimony of two women is equivalent to the testimony of one man." Our argument is what was narrated by 'Uqba ibn al-Harith, that he said: "I married Umm Yahya bint Abi Ihab, then a black slave woman came and said: 'I have breastfed both of you.' So I went to the Prophet (peace and blessings of Allah be upon him) and mentioned that to him, but he turned away from me. Then I mentioned it to him again, and he said: 'How, when she has claimed that!'" It is agreed upon. Hudhayfa narrated that the Prophet (peace and blessings of Allah be upon him) permitted the testimony of the midwife. The jurists mentioned this in their books. Abu al-Khattab narrated from Ibn 'Umar that the Prophet (peace and blessings of Allah be upon him) said: "The testimony of a single woman is sufficient in breastfeeding." And because it is a matter that is established by the word of women alone, so a number is not a condition for it, like narration and religious reports. As for what al-Shafi'i mentioned regarding the condition of freedom, it is not accepted, and the statement of the Prophet (peace and blessings of Allah be upon him): "The testimony of two women is equivalent to the testimony of one man" is in the situation where she testifies with a man.

Notes

(7) Omitted from: the original. (8) Omitted from: the original, [A]. (9) Extracted by al-Bukhari in: Bab tark al-ha'id al-sawm, from Kitab al-Hayd, Sahih al-Bukhari 1/83; Muslim in: Bab bayan nuqsan al-iman bi nuqsan al-ta'at..., from Kitab al-Iman, Sahih Muslim 1/86, 87; Abu Dawud in: Bab al-dalil 'ala ziyadat al-iman wa nuqsanihi, from Kitab al-Sunna, Sunan Abi Dawud 2/522; al-Tirmidhi in: Bab ma ja'a fi istikmal al-iman wa ziyadatihi wa nuqsanihi, from Abwab al-Iman, 'Aridat al-Ahwadhi 10/82; Ibn Majah in: Bab fitnat al-nisa', from Kitab al-Fitan, Sunan Ibn Majah 2/1326, 1327; and Imam Ahmad in: al-Musnad 2/67. (10) Omitted from: the original. (11) In the original: "ikhtara" (chose). (12) Extracted by al-Daraqutni in: Kitab fi al-Aqdiya wa al-Ahkam wa ghayri dhalik, Sunan al-Daraqutni 4/232, 233. (13) 'Abd al-Razzaq extracted in: Bab shahadat imra'a fi al-rada', from Kitab al-Talaq, al-Musannaf 7/484, that the Prophet (peace and blessings of Allah be upon him) was asked: "What is permitted in breastfeeding regarding witnesses?" He replied: "A man or a woman." (14) In the original: "fiha" (in it).

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