and al-Shafi'i. It is reported from Ahmad that he said: If one marries with the testimony of women, it is not permissible; but if a man is with them, it is easier. Thus, it is possible that this is another report regarding its conclusion thereby, and this is the opinion of the proponents of Ra'y (rational reasoning). It is narrated from al-Sha'bi, because it is a commutative contract, so it is concluded by their testimony along with men, like a sale. Our evidence is that al-Zuhri said: The Sunnah of the Messenger of Allah (peace and blessings of Allah be upon him) has passed that the testimony of women is not permissible in hudud (prescribed punishments), nor in marriage, nor in divorce. This was narrated by Abu 'Ubayd in 'al-Amwal', and this refers to the Sunnah of the Prophet (peace and blessings of Allah be upon him). Furthermore, it is a contract that does not involve property, nor is property its intended purpose, and men are present in most circumstances, so it is not established by their testimony, like hudud. In this, it differs from a sale. It is possible that Ahmad only said, "It is easier," due to the existence of disagreement on the matter, so it does not constitute a [separate] report.

Section: A marriage is not concluded by the testimony of two minors, because they are not among those whose testimony is acceptable. It is possible that it may be concluded by the testimony of two adolescent, sound-minded individuals. It is not concluded by the testimony of two insane persons, nor any others who lack the capacity to testify, because their existence is as if they were non-existent. It is not concluded by the testimony of two deaf persons, because they cannot hear, nor by two mute persons, due to the impossibility of the performance of testimony by them. There are two viewpoints regarding its conclusion by the presence of those engaged in menial crafts, such as a cupper and the like, based on the acceptance of their testimony. There are two viewpoints regarding its conclusion by the testimony of two enemies, or the two sons of the spouses, or one of them. One view is that it is concluded, which was chosen by Abu 'Abd Allah ibn Battah, due to the generality of his (peace and blessings of Allah be upon him) saying: "Except with a guardian and two just witnesses." And because the marriage of someone other than this husband is concluded by them, so his marriage is concluded by them, like all other just witnesses. The second view is that it is not concluded by their testimony, because the enemy...