A hadith states that the Prophet (SAW) upon him blessings and peace, addressed a group of women in the mosque, saying:
"I have not seen any one more deficient in intelligence and religion than you. A cautious, sensible man could be led astray by some of you." The women asked: "O Allah's Apostle, what is deficient in our intelligence and religion?" He said: "Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said: "This is the deficiency of your intelligence"... "Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said: "This is the deficiency in your religion."
It is related in al-Bukhari and Muslim.
Note:
1) The least publicly experienced women are the ones most likely to need support when giving evidence, however, they are least experienced because they are best cared for, i.e. they have had little need to fend for themselves.
2) Those who have prayed or fasted the least are those who have had most need not to fast or pray, hence are likely to be menstruating women or in their youth.
The deduction can hence be made that a group of women who fall in the above 2 areas are the most 'deficient in intelligence and religion' if you assume that:
a) not needing support in evidence is symbolic to 'intelligence' and
b) not needing to stop praying and fasting is symbolic to being highly 'religious'
The reality is that adopting the two female witnesses is a concession and not praying or fasting is too. The concession allows women to gain the 'confidence' and the 'spiritual reward' equal to men who need to try harder.
Due to the advantage that women have, the prophet (SAW) used clever word play to make the advantage look like disadvantages to them in order to encourage them to give charity.
By telling them that they need not try as hard would actually provide them reasons to become complacent.
We know that this statement upon analysis does not brand all women as deficient, but rather only those who were in that group and the deficiency is really the advantage. It's like a handicap in golf ... women have a lower handicap than men in those matters ...
The reason one would say this conversation took place is that the prophet Muhammad (SAW) never lied, but he (SAW) could use the truth in a way where it's understanding would be useful for the Deen.
Peace Psyah!
This a a delicate and somewhat inflammatory topic.because it is not well understood by many people and hence no good conclusion can be expected.
I understand thast having menses and not being required to do the religous tasks should not be considered a negative point.
I do not know how having two women requirement for evidence be considered a positive trait unless it is explained a bit more.
The hadith word of being weak and less intelligent is even more inflammatory. Even though it most likely meant one woman could be fooled by someone and in order to protect her another woman should be consulted.
In Quran it was mentioned something like appoint two lest one may forget. It speaks of some specific transaction and not general day to day life events.
Not such a hard ruling in my humble opinion. So no need to beat it.
Yusuf Ali:
O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as God Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord God, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate, Let his guardian dictate faithfully, and get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (For evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is juster in the sight of God, More suitable as evidence, and more convenient to prevent doubts among yourselves but if it be a transaction which ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing. But take witness whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm), it would be wickedness in you. So fear God; For it is Good that teaches you. And God is well acquainted with all things. If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust, and let him Fear his Lord conceal not evidence; for whoever conceals it, - his heart is tainted with sin. And God knoweth all that ye do.
Zohurul Hoque:
O you who believe! when you transact a loan-transaction for a fixed time, then write it down. And let a scribe put it down between you equitably; nor should a scribe refuse to write since Allah has taught him, so let him write down. And let him upon whom is the liability dictate, and let him revere Allah, his Rabb, and let him not depreciate anything from it. But if he upon whom is the liability is lacking understanding, or is infirm, or has no capability of dictating by himself, then let his attorney dictate equitably. And call on to witness two witnesses from among your males; but if there be not two males, then a male and two females out of those whom you choose to be witnesses, so that if one of the two be in error then one of them may be able to remind the other. And let not the witnesses refuse when they are summoned. And do not neglect to write it down,- whether it be small or large,- along with its due time. This is more equitable in the sight of Allah, and more upright for evidence, and is the best that you do not doubt, except when it be a ready merchandise which you exchange among yourselves, in that case there is no blame on you if you do not write it. And have witnesses when you sell to one another; and let not a scribe be harmed nor a witness. And if you do then that is indeed a sin on you. And revere Allah; for Allah teaches you. And Allah is Knower of all things.
T. J. Irving:
You who believe, whenever you contract a debt for a stated period, write it down. Let some literate person write [what goes on] between you properly; no literate person should refuse to write it down. Just as God has taught him, so let him write it down, and let the borrower dictate. May he heed God and not omit any part of it. If the borrower is feeble-minded or incapacitated or cannot manage to dictate himself, then let his guardian dictate it in all fairness, and seek out two witnesses from among your men-folk to act as witnesses. If there are not two men [available], then one man and two women [may serve] as witnesses from anyone you may approve of, so that if either of them should slip up, then the other woman may remind the other. Witnesses must not refuse [to serve] when they are called upon, nor try to get out of writing anything down whether it is small or large, along with its due date. Such [procedure] is more equitable so far as God is concerned and it makes for more valid testimony, as well as reducing the chances for doubt; unless it is some transaction handled on the spot that you pass around among yourselves, in which case it will not be held against you for not writing it down. Call in witnesses whenever you engage in trade, and let no literate man nor any witness feel obligated if you do so; that would be immoral on your part. Heed God, for God teaches you! God is Aware of everything.
T.U. Hilali-M. Khan:
O you who believe! When you contract a debt for a fixed period, write it down. Let a scribe write it down in justice between you. Let not the scribe refuse to write as Allâh has taught him, so let him write. Let him (the debtor) who incurs the liability dictate, and he must fear Allâh, his Lord, and diminish not anything of what he owes. But if the debtor is of poor understanding, or weak, or is unable himself to dictate, then let his guardian dictate in justice. And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her. And the witnesses should not refuse when they are called on (for evidence). You should not become weary to write it (your contract), whether it be small or big, for its fixed term, that is more just with Allâh; more solid as evidence, and more convenient to prevent doubts among yourselves, save when it is a present trade which you carry out on the spot among yourselves, then there is no sin on you if you do not write it down. But take witnesses whenever you make a commercial contract. Let neither scribe nor witness suffer any harm, but if you do (such harm), it would be wickedness in you. So be afraid of Allâh; and Allâh teaches you. And Allâh is the All-Knower of each and everything.
M. Pickthall:
O ye who believe! when ye contract a debt for a fixed term, record it in writing. Let a scribe record it in writing between you in (terms of) equity. No scribe should refuse to write as Allah hath taught him, so let him write; and let him who incurreth the debt dictate, and let him observe his duty to Allah, his Lord, and diminish naught therof. But if he who oweth the debt is of low understanding, or weak, or unable himself to dictate, then let the guardian of his interest dictate in (terms of) equity. And call to witness, from among your men, two witnesses. And if two men be not (at hand), then a man and two women, of such as ye approve as witnesses, so that if the one erreth (through forgetfulness) the other will remember. Aand the witnesses must not refuse when they are summoned. Be not averse to writing down (the contract)whether it be small or great, with (record of) the term thereof. That is more equitable in the sight of Allah and more sure for testimony, and the best way of avoiding doubt between you; save only in the case when it is actual merchandise which ye transfer among yourselves from hand to hand. In that case it is no sin for you if ye write it not. And have witnesses when ye sell one to another, and let no harm be done to scribe or witness. If ye do (harm to them) lo! it is a sin in you. Observe your duty to Allah. Allah is teaching you. And Allah is knower of all things.
M.H. Shakir:
O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (his duty to) Allah, his Lord, and not diminish anything from it; but if he who owes the debt is unsound in understanding, or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness; and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things.