What is the evidentiary weight of a single woman's testimony concerning the infant's first cry (Istihlal) at birth?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The testimony of a single woman regarding the infant's first cry is accepted. This is supported by the narration of 'Uqbah ibn al-Harith regarding the incident where a slave woman claimed to have suckled him and his wife, which the Prophet (peace be upon him) affirmed. Furthermore, this testimony concerns a woman's private matter (Awra) where women's testimony is generally admitted, similar to childbirth, and it differs from a marriage contract which is not a matter of private exposure.
Supporting text
Abu Hanifa is reported to have rejected the admissibility of individual female testimony for Istihlal because it occurs after birth. However, his two companions and the majority of scholars disagreed, arguing it occurs during birth, making male presence difficult, thus equating it to childbirth itself. Alī (may Allah have mercy on him), Shurayh, al-Hasan, al-Harith al-'Uklī, and Hammad permitted the testimony of a single midwife for Istihlal.