Transliteration:( Yaaa aiyuhal lazeena aamanoo shahaadatu bainikum izaa hadara ahadakumul mawtu heenal wasiyyatis naani zawaa 'adlim minkum aw aakharaani min ghairikum in antum darabtum fil ardi fa asaabatkum museebatul mawt; tahbi soonahumaa mim ba'dis Salaati fa yuqsimaani billaahi inirtabtum laa nashtaree bihee samananw wa law kaana zaa qurbaa wa laa naktumu shahaadatal laahi innaaa izal laminal aasimeen )
283. Reason for its revelation:รย
Hazrat Budail, slave of Amar ibn Aus went on a mercantile trip to Syria with two Nasara Tameem ibn Aus and Adi ibn Buda. On reaching Syria Hazrat Budail became ill. Without anybody knowing he made a list of his goods and placed it with them. At the time of his death, he counseled Tameem and Adi to return his goods to his family when they returned to Madina. After the death of Hazrat Budail, the two Nasara checked Hazrat Budail's goods and they found a silver bowl which was gold plated. They stole the bowl and returned the rest of the goods to Hazrat Budail's family. On checking the list they found the bowl missing. They immediately approached these two Nasara to enquire about it but they feigned ignorance about it and said we returned the goods to you as we found them. This case was then taken to the court of the Holy Prophet.They both denied any knowledge of it. Later this bowl was found in Makkah Muazzama. The present owner informed us that he had purchased this bowl from Tameem and Adi. This verse was revealed at the time of the above incident (Khazainul Irfaan, Tafseer Khazini: Tirmizi Shareef)
รย 284. By this is meant signs of death must become visible, without any hope of recovery, as most wills are drawn up under such conditions, although wills can be drawn prior to this. Similar laws would be applicable for this as well. It is on the nature of the will that an heir is bequeathed ownership of his wealth) without any recompense, but this ownership is dependent upon death only.
285. By this "besides" is meant defendant, not the infidels, because the testimony of the infidels against the believers is not valid i.e. Muslims from other tribes. For this reason, mention of a journey i,s made with it.
286. After Salaatul Asr, because it is the time when the people get together. Also. Arabs would refrain from talking lies at this time. From this we learn that one should take a vow at that place and time which is held auspicious by the people. Thus the Holy Prophet รยตรโรโฐ รยงรโรโรโก รยนรโรล รโก รหรยขรโรโก รหรยณรโรโฆ made them stand, by his Mimbar (Pulpit) to take the oath. Even today, a person who venerates the pious should be taken to the Mazaar to take the oath or he should swear an oath in the Masjid or at the sacred Kabah, as these are auspicious places.
287. By "doubt" is meant doubt concerning their trustworthiness or piety (Khozaimil Irfuan)
288. By this is meant they should not take a false oath in matters of wealth
รย
106. O you who believe! When death approaches any of you, and you make a bequest, then take the testimony of two just men of your own folk or two others from outside, if you are traveling through the land and the calamity of death befalls you. Detain them both after the Salah (the prayer), (then) if you are in doubt (about their truthfulness), let them both swear by Allah (saying): โWe wish not for any worldly gain in this, even though he (the beneficiary) be our near relative. We shall not hide the testimony of Allah, for then indeed we should be of the sinful.โ 107. If it then becomes known that these two had been guilty of sin, let two others stand forth in their places, nearest in kin from among those who claim a lawful right. Let them swear by Allah (saying): โWe affirm that our testimony is truer than that of both of them, and that we have not trespassed (the truth), for then indeed we should be of the wrongdoers.โ 108. That should make it closer (to the fact) that their testimony would be in its true nature and shape, or else they would fear that (other) oaths would be admitted after their oaths. And have Taqwa of Allah and listen (with obedience to Him). And Allah guides not the rebellious people.
This honorable Ayah contains a glorious ruling from Allah. Allahโs statement,
(O you who believe! When death approaches any of you, and you make a bequest, then take the testimony of twoโฆ) meaning that there should be two witnesses in such cases,
(just menโฆ) thus, describing them as just,
(of your own folk) Muslims.
(or two others from outside) non-Muslims, meaning the People of the Book, according to Ibn `Abbas as Ibn Abi Hatim recorded. Allah said next,
(if you are traveling through the land) on a journey,
(and the calamity of death befalls you.) These are two conditions that permit using non-Muslims from among the Dhimmis for witnesses when there are no Muslims present: When one is traveling and needs to write a will, as Sharih Al-Qadi said. Ibn Jarir recorded that Sharih said, โThe witness of the Jews and Christians is not allowed except while traveling, and even then only to witness the dictation of the will.โ Allahโs statement,
(Detain them both after the Salah (the prayer),) refers to the `Asr prayer, according to Al-`Awfi who reported it from Ibn `Abbas. This is the same explanation reported from Sa`id bin Jubayr, Ibrahim An-Nakha`i, Qatadah, `Ikrimah and Muhammad bin Sirin. As for Az-Zuhri, he said that they are detained after Muslim prayer (i.e., in congregation). Therefore, these two witnesses will be detained after a congregational prayer,
(let them both swear by Allah if you are in doubt.) meaning, if you are in doubt that they might have committed treachery or theft, then they should swear by Allah,
(We wish not in this) in our vows, according to Muqatil bin Hayyan,
(for any worldly gain) of this soon to end life,
(even though he be our near relative.) meaning, if the beneficiary be our near relative, we will still not compromise on the truth.
(We shall not hide the testimony of Allah,) thus stating that the testimony is Allahโs, as a way of respecting it and valuing its significance,
(for then indeed we should be of the sinful.) if we distort the testimony, change, alter or hide it entirely. Allah said next,
(If it then becomes known that these two had been guilty of sinโฆ) if the two witnesses were found to have cheated or stolen from the money that the will is being written about,
(let two others stand forth in their places, nearest in kin from among those who claim a lawful right.) This Ayah indicates that if the two witnesses were found to have committed treachery, then two of the nearest rightful inheritors should stand for witness in their place,
(Let them swear by Allah (saying): โWe affirm that our testimony is truer than that of both of themโฆโ) Meaning, our testimony that they have cheated is more truthful than the testimony that they have offered,
(and that we have not trespassed (the truth),) when we accused them of treachery,
(for then indeed we should be of the wrongdoers.) if we had lied about them. This is the oath of the heirs, and preference is to be given to their saying. Just as in the case with the oath of relative of a murdered person if he attempts to tarnish the case of the murdered person. So his family takes an oath in defense of his honor. This is discussed in the studies of the oaths in the books of Ahkam. Allahโs statement,
(That should make it closer (to the fact) that their testimony would be in its true nature and shape (and thus accepted),) means, the ruling requiring the two Dhimmi witnesses to swear, if there is a doubt that they were not truthful, might compel them to admit to the testimony in its true form. Allahโs statement,
(or else they would fear that (other) oaths would be admitted after their oaths.) means, requiring them to swear by Allah might encourage them to admit to the true testimony because they respect swearing by Allah and they glorify and revere Him. They also fear exposure if the heirs of the deceased are required to swear instead of them. In this case, the heirs would swear and earn the rightful inheritance that the two witnesses failed to declare. This is why Allah said,
(or else they would fear that (other) oaths would be admitted after their oaths.), then,
(And have Taqwa of Allah) in all of your affairs,
(and listen.) and obey,
(And Allah guides not the rebellious people.) who do not obey Him or follow His Law.
(5:106) Believers! When death approaches you, let two men of equity among you act as witnesses when you make your bequest;[120] or let two of those from others than yourselves act as witnesses if you are on a journey when the affliction of death befalls you.[121] Then if any doubt occurs you shall detain both of them (in the mosque) after the Prayer, and they shall swear by Allah: โWe shall neither sell our testimony in return for any gain even though it concerns any near of kin nor shall we conceal our testimony which we owe to Allah, for then we should become among sinners.โ .
120. That is, pious, straightforward and trustworthy Muslims.
That is, non-Muslims โ Ed.
121. This shows that the testimony of non-Muslim witnesses in cases involving Muslims is appropriate only when no Muslim is available as a witness.
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