Testimony of zina: how is it given?

Abu Uthman said: When Sayyiduna Abu Bakrah (may Allah be pleased with him) and his two companions testified against Sayyiduna al-Mughirah (may Allah be pleased with him), Ziyad came. Sayyiduna Umar (may Allah be pleased with him) said to him: A man who will never testify, if Allah wills, except to the truth. He said: I saw panting and an evil sitting. At this Sayyiduna Umar asked: Did you see it like the kohl stick entering the kohl container? He said: No. So Sayyiduna Umar gave an order concerning them, and all of them were flogged.

Ibn Sirin said: Some people testified against a man for zina (unlawful sexual intercourse). Sayyiduna Uthman (may Allah be pleased with him), making a gesture like this with his hand, said: Do you testify to this? And he inserted his index finger into his left finger and made the sign of the number ten.

Qasamah bin Zuhayr said: When the matter between Sayyiduna Abu Bakrah and Sayyiduna al-Mughirah bin Shu'bah (may Allah be pleased with them both) took place, it was as follows. Sayyiduna Abu Bakrah said: Keep away from our prayers, for we will not pray behind you. So Sayyiduna al-Mughirah wrote to Sayyiduna Umar (may Allah be pleased with him) about him. Sayyiduna Umar wrote back to Sayyiduna al-Mughirah: After praise and blessings: it has conveyed to me one of the reports about you. If it is true against you, then your having died before today would have been better for you. Then he wrote to him and to the witnesses that they should all come to him. When they had all reached Sayyiduna Umar, he called the witnesses, and they testified: Sayyiduna Abu Bakrah, Shibl bin Ma'bad and Abu Abdullah Nafi' testified. The narrator said: When these three had testified, Sayyiduna Umar said: Al-Mughirah has perished; let the fourth man come! And this state of his weighed very heavily on Sayyiduna Umar. When Ziyad stood up, he said: This man will never testify, if Allah wills, except to the truth. Then he testified and said: As for zina (unlawful sexual intercourse), I do not testify to it, but I did see an obscene matter. At this Sayyiduna Umar said: Allahu Akbar! Flog these three. So he had them flogged. When they had finished flogging Sayyiduna Abu Bakrah, Sayyiduna Abu Bakrah stood up and said: I testify that he is an adulterer! So Sayyiduna Umar was about to carry out the punishment on him again. At this Sayyiduna Ali (may Allah be pleased with him) said: If you flog him, then stone your companion as well! So Sayyiduna Umar left him, and after that no one was flogged twice for one accusation.

Abu Khaldah said: Sa'id bin Artaban, the uncle of Ibn Awn, met me and said: Do you intend to go to Abu al-Aliyah? I said: Yes. He said: Say to him: Al-Hasan al-Basri, Ibn Sirin and Thabit al-Bunani all testified against a man and a woman that they both committed zina (unlawful sexual intercourse), and the woman confessed while the man denied it; what is the ruling? The narrator said: So I asked Abu al-Aliyah about this, and he said: You have met one of the followers of desires. Al-Hasan al-Basri is to be given eighty lashes, Muhammad eighty lashes and Thabit al-Bunani eighty lashes, and the woman is to be stoned because of her confession, and the man goes away with no punishment applying to him.

Al-Sha'bi said: The Jews asked the Prophet (peace and blessings be upon him): What is the limit for this, meaning for stoning? He (peace and blessings be upon him) said: When four men testify that they saw this person inserting, as a kohl stick is inserted into a kohl container, then stoning is established.

Al-Shaybani said: Al-Sha'bi said: When four men have testified to something, they have protected their backs, and their testimony will be valid.

Ja'far's father said: Sayyiduna Ali (may Allah be pleased with him) said: I do not like to be the first witness among the four.