What is the minimum number of believers required to witness the prescribed punishment (Hadd)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
A group of believers must be present during the prescribed punishment, based on the Divine saying: {And let a group of the believers witness their punishment} [An-Nur: 2]. According to our school of thought, this group (Ta'ifah) is one person or more. This is the view held by Ibn Abbas and Mujahid. The interpretation leans towards at least one person besides the one administering the punishment, as the administrator is necessarily present. Evidence supports this interpretation through the verse cited, and by the fact that the term 'Ta'ifah' can apply to a single individual, as demonstrated in the verse: {And if two factions of the believers fight...} [Al-Hujurat: 9], which is then followed by addressing 'your two brothers' (dual form).
Supporting text
Ata and Ishaq hold that the minimum is two people. Az-Zuhri states it must be three, arguing that 'Ta'ifah' signifies a gathering, the minimum form of which is three. Malik states four, based on the number required to establish the crime of adultery (Zina). Al-Shafi'i has two opinions aligning with Az-Zuhri and Malik, respectively. Rabi'ah states five, and Al-Hasan states ten. Qatadah suggests 'a number of men' (Nafar).