What is the ruling regarding the acceptance of a female witness's testimony concerning fosterage?

General Chapter

Al-Mughni

Book of Fosterage (Breastfeeding)

Book 45 · Issue 11 · Bab 1

Open in Qurani

Primary text

The testimony of a single woman regarding fosterage is accepted if she is deemed trustworthy ('marḍiyyah). This view is held by Tawus, al-Zuhri, al-Awza'i, Ibn Abi Dhi'b, and Sa'id ibn 'Abd al-Aziz. There is a narration from Ahmad that if she is trustworthy, she takes an oath; if she is found lying, she will not see a year pass before her breasts become white (developing vitiligo/leprosy), following the statement attributed to Ibn Abbas as a divine penalty for her falsehood. The basis for accepting a single trustworthy woman's testimony is analogous to testimony regarding matters of private shame, such as childbirth, where the testimony of individual women is accepted. Evidence supporting this includes the Hadith of 'Uqba ibn al-Harith regarding the slave girl who claimed to have nursed him and his wife, where the Prophet (peace be upon him) acted upon her claim by ordering separation.

Supporting text

Another narration from Ahmad states that only the testimony of two women is accepted, aligning with the view of al-Hakam, based on the principle that since two men are required for testimony, two women should be required for consistency. A third narration from Ahmad states that the testimony of a single woman is accepted provided she takes an oath alongside her testimony, as reported from Ibn Abbas. Al-Shafi'i holds that no fewer than four women are accepted, equating every two women to one man. The People of Opinion (Ashab al-Ra'y) hold that only two men, or one man and two women, are accepted, citing the verse concerning witnesses (Quran 2:282).