"And the hand is not cut off except with the testimony of two just men"

The Shaykh : Then he said "And the hand is not cut off except with the testimony of two just men" This is the fifth condition for theft: the establishment of the theft. The theft must be established, and there are two ways to establish it: testimony and confession. There is a third way about which there is disagreement. Regarding testimony, the author says "with two just men". "Two men" means two males. "Just" (‘adl) has been defined for us previously as one whose religion is upright and whose honor is upright; that is, he is a man of religion and a man of honor who has not done anything that compromises his religion or his honor and dignity. He is upright in his religion and his character. This is the just man. Therefore, in testimony, it is necessary that the two witnesses be two just men. Now, is the testimony of women accepted in cases of theft? No, because in hudud (fixed punishments), only men are accepted. Only men are accepted as witnesses in these cases. All hudud—whether theft, zina (unlawful sexual intercourse), intoxicants, or others—only men are accepted in all of them. What if one man and two women testify?

The questioner : ... .

The Shaykh : The hand is not cut off. The hand is not cut off. What about forty women?

The questioner : ... .

The Shaykh : The hand is not cut off. What about one man? The hand is not cut off. What about one open sinner and one just man?

The questioner : The hand is not cut off.

The Shaykh : The hand is not cut off. What about two open sinners?

The questioner : The hand is not cut off.

The Shaykh : The hand is not cut off, because it is necessary to have two just men. Now.