Testimony and Its Meaning

The Shaykh : As for witnessing, if a person deals with another in a transaction that is not immediate, such as a debt, a sale on credit, a deferred loan, or the like, he must have two men witness it, as Allah the Exalted said: A person must have two men witness his right. If two men are not available, then one man and two women. This is one of the means of documenting rights. This is because if a person has a right against another without witnesses, it may be lost. How so? The person who owes the right may deny it. Then the claimant remains without proof, and his right is lost. For this reason, Allah the Exalted said: So Allah the Exalted commanded writing so that the right would not be lost. Now, suppose a man lent his brother a thousand dirhams or a thousand riyals, and then the borrower denied it. What do we do? We ask the lender, "Do you have proof?" If he says, "I have no proof," we ask the borrower, "Will you swear that he did not lend you?" If he says, "I will swear," he swears. Then the lender has no right. Why? Because he has no proof, and the Prophet (peace and blessings be upon him) said: And in that case, his right is lost. But is it permissible for the defendant or the one against whom the claim is made to deny it while knowing that the right is established against him? No, it is not permissible for him to do so. In fact, the Prophet (peace and blessings be upon him) said: May Allah protect us from that. This is the oath of immersion. It is not permissible for anyone who has a right against another to conceal it or deny it. If he does so, he deserves this great punishment.