O you who believe, let two honest men among you be witness when you dictate your last will and testament as (the hour of) death draws near; and if death approaches while you are on a journey, two men other than yours. Detain them after the service of prayer, and if you doubt their word make them swear by God that: "We shall not take a bribe even though it be offered by a near relative, nor hide the testimony of God, for then we shall surely be sinful."
O People who Believe! The witnesses between you when death approaches any one of you, at the time of making a will, should be two reliable men from among you, or two from another tribe in case you are travelling in the land and the event of death approaches you; engage them after the prayers, and if you doubt, they must swear by Allah that, “We shall not exchange our oaths for any price even if he is a near relative, nor will we hide the testimony of Allah – if we do, then surely we are of the sinners.”
O believers, the testimony between you when any of you is visited by death, at the bequeathing, shall be two men of equity among you; or two others from another folk, if you are journeying in the land and the affliction of death befalls you. Them you shall detain after the prayer, and they shall swear by God, if you are doubtful, 'We will not sell it for a price, even though it were a near kinsman, nor will we hide the testimony of God, for then we would surely be among the sinful'
O YOU who have attained to faith! Let there be witnesses to what you do when death approaches you and you are about to make bequests: two persons of probity from among your own people, or -if the pangs of death come upon you while you are travelling far from home -two other persons from [among people] other than your own. Take hold of the two after having prayed; and if you have any doubt in your mind, let each of them swear by God, "We shall not sell this [our word] for any price, even though it were [for the sake of] a near kinsman; and neither shall we conceal aught of what we have witnessed before God -or else, may we indeed be counted among the sinful."
O ye who believe! the testimony amongst you, when death presenteth itself to you, at the making of a bequest shall be that of two equitable persons from amongst you, or two others from amongst those not of you, if ye be journeying in the earth and the affliction of death afflicteth you. O Ye shall detain the twain after the prayer, if ye be in doubt, and they shall swear by Allah affirming: we shall not barter it for a price, even though he be a kinsman, and we shall not hide the testimony of Allah, for then verily we shall be of the sinners.
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 travelling through the land and the calamity of death befalls you. Detain them both after As-Salat (the prayer), (then) if you are in doubt (about their truthfulness), let them both swear by Allah (saying): "We wish not for any worldly gain in this, even though he (the beneficiary) be our near relative. We shall not hide Testimony of Allah, for then indeed we should be of the sinful."
O you who believe! When death approaches one of you, let two reliable persons from among you act as witnesses to the making of a bequest, or two persons from another people if you are travelling in the land and the event of death approaches you. Engage them after the prayer. If you have doubts, let them swear by God: “We will not sell our testimony for any price, even if he was a near relative, and we will not conceal God’s testimony, for then we would be sinners.”
Believers! When death approaches you, let two men of equity among you act as witnesses when you make your bequest; 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. Then if any doubt occurs you shall detain both of them (in the mosque) after the Prayer, and they shall swear by Allah: 'We 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.'.
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): "We 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."
O ye who believe! Let there be witnesses between you when death draweth nigh unto one of you, at the time of bequest - two witnesses, just men from among you, or two others from another tribe, in case ye are campaigning in the land and the calamity of death befall you. Ye shall empanel them both after the prayer, and, if ye doubt, they shall be made to swear by Allah (saying): We will not take a bribe, even though it were (on behalf of) a near kinsman nor will we hide the testimony of Allah, for then indeed we should be of the sinful.
O you who have faith! The witness between you, when death approaches any of you, while making a bequest, shall be two fair men from among yourselves—or two from among others, if you are journeying in the land and the affliction of death visits you. You shall detain the two of them after the prayer, and, if you have any doubt, they shall vow by Allah, ‘We will not sell it for any gain, even if it were a relative, nor will we conceal the testimony of Allah, for then we would indeed be among the sinners.’
Believers, if you are traveling in the land and the affliction of death befalls you, at the bequeathing testimony shall be two just men from among you, or two others from other than you. You shall detain both after the prayer, and they shall swear by Allah if you are doubtful: 'We will not sell it for a price, even though it were a near kinsmen, nor will we hide the testimony of Allah, because then we would surely be among the sinful'
O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest - [that of] two just men from among you or two others from outside if you are traveling through the land and the disaster of death should strike you. Detain them after the prayer and let them both swear by Allah if you doubt [their testimony, saying], "We will not exchange our oath for a price, even if he should be a near relative, and we will not withhold the testimony of Allah. Indeed, we would then be of the sinful."
Believers, when death approaches any one of you, let two just men from your own people (Muslims) or any two other men (People of the Book) if death befalls you on a journey, bear witness to the bequest. If you have any doubts as to their honesty, detain them and let them take an oath after the prayer, each one of them saying, "I swear by God that my testimony is true. I am not selling the Truth for a paltry price even though the beneficiary would be one of my relatives. I do not hide the testimony which is the right of God, for then I would be one of the sinners."
O you who believe! call to witness between you when death draws nigh to one of you, at the time of making the will, two just persons from among you, or two others from among others than you, if you are travelling in the land and the calamity of death befalls you; the two (witnesses) you should detain after the prayer; then if you doubt (them), they shall both swear by Allah, (saying): We will not take for it a price, though there be a relative, and we will not hide the testimony of Allah for then certainly we should be among the sinners.
Y<u>a</u> ayyuh<u>a</u> alla<u>th</u>eena <u>a</u>manoo shah<u>a</u>datu baynikum i<u>tha</u> <u>h</u>a<u>d</u>ara a<u>h</u>adakumu almawtu <u>h</u>eena alwa<u>s</u>iyyati ithn<u>a</u>ni <u>th</u>aw<u>a</u> AAadlin minkum aw <u>a</u>khar<u>a</u>ni min ghayrikum in antum <u>d</u>arabtum fee alar<u>d</u>i faa<u>sa</u>batkum mu<u>s</u>eebatu almawti ta<u>h</u>bisoonahum<u>a</u> min baAAdi a<b>l</b><u>ss</u>al<u>a</u>ti fayuqsim<u>a</u>ni bi<b>A</b>ll<u>a</u>hi ini irtabtum l<u>a</u> nashtaree bihi thamanan walaw k<u>a</u>na <u>tha</u> qurb<u>a</u> wal<u>a</u> naktumu shah<u>a</u>data All<u>a</u>hi inn<u>a</u> i<u>th</u>an lamina al<u>a</u>thimeen<b>a</b>
Believers, when death approaches you, let two just men from among you act as witnesses when you make your testaments; or two men from another tribe, if the calamity of death overtakes you while you are travelling in the land. Detain them after prayers, and if you doubt their honesty, let them swear by God, "We will not sell our testimony for any price, even to a kinsman. And we will not conceal the testimony of God. If we did, we would indeed be guilty of sin."
O ye who believe! When death approaches any of you, (take) witnesses among yourselves when making bequests,- two just men of your own (brotherhood) or others from outside if ye are journeying through the earth, and the chance of death befalls you (thus). If ye doubt (their truth), detain them both after prayer, and let them both swear by Allah: "We wish not in this for any worldly gain, even though the (beneficiary) be our near relation: we shall hide not the evidence before Allah: if we do, then behold! the sin be upon us!"
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ شَهَٰدَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ حِينَ ٱلْوَصِيَّةِ ٱثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ ءَاخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِى ٱلْأَرْضِ فَأَصَٰبَتْكُم مُّصِيبَةُ ٱلْمَوْتِ تَحْبِسُونَهُمَا مِنۢ بَعْدِ ٱلصَّلَوٰةِ فَيُقْسِمَانِ بِٱللَّهِ إِنِ ٱرْتَبْتُمْ لَا نَشْتَرِى بِهِۦ ثَمَنًا وَلَوْ كَانَ ذَا قُرْبَىٰ وَلَا نَكْتُمُ شَهَٰدَةَ ٱللَّهِ إِنَّآ إِذًا لَّمِنَ ٱلْءَاثِمِينَ
O you who faith in Allah, follow His Messenger and practise His laws, when death approaches any of you, with the appearance its signs, then call to witness the bequest two upright Muslim men, or two men from the disbelievers (if the need arises due to there being no Muslims; for example, if you are travelling at that time). If there is any doubt regarding their testimony, keep them back after one of the prayers and let them both take an oath in Allah’s name saying, ‘We will not sell our share from Allah for any amount, such as by preferring a relative. Also, we will not conceal any testimony for Allah that is with us’. Tell them that if they are not truthful, they will be sinners who go against Allah.
O you who faith in Allah, follow His Messenger and practise His laws, when death approaches any of you, with the appearance its signs, then call to witness the bequest two upright Muslim men, or two men from the disbelievers (if the need arises due to there being no Muslims; for example, if you are travelling at that time). If there is any doubt regarding their testimony, keep them back after one of the prayers and let them both take an oath in Allah’s name saying, ‘We will not sell our share from Allah for any amount, such as by preferring a relative. Also, we will not conceal any testimony for Allah that is with us’. Tell them that if they are not truthful, they will be sinners who go against Allah.
<p>Sequence of Verses</p><p>Prior to this, there were injunctions relevant to religious considerations. Now some injunctions relevant to worldly considerations have been mentioned. The hint given is that the way Allah Ta` ala, in His mercy, helps His servants with better life in the Hereafter, He also takes care of better sustenance for them in the present world. (Bayan al-Qur'an)</p><p>The Background of Revelation</p><p>The event in the background of the revelation of the cited verses is that Budayl, a Muslim accompanied by Tamim and ` Adiyy, who were Christians at that time, travelled to Syria on a business visit. After reaching Syria, Budayl became sick. He made out a list of his things in writing and put it in his baggage. He did not inform his companions of the trip about it. When his sickness became serious, he called his Christian trip companions and made a will before them that they should deliver everything to his heirs. When they returned, they delivered everything to them. But, they took out a silver bowl which was polished with gold, or had gold inlay work on it, from the belongings. When the heirs found the list of things in the baggage left for them by the deceased, they asked the caretakers of the will if the deceased had sold something from the property, or was he very sick which may have compelled him to make unusual expenses. They answered their inquiry in the negative. Finally, the case came up for hearing before the Holy Prophet ﷺ . Since the heirs had no witnesses, the two Christians were put under oath. They declared that they had neither committed any breach of trust in what belonged to the deceased, nor had they hidden any of his things. In the end, based on the oath, the verdict was given in their favour. After the passage of some time, it was found that the two of them had sold that bowl to a goldsmith in Makkah. When asked, they said that they had bought it from the de-ceased. Since they had no witnesses at the time of purchase, they pleaded, they did not mention it earlier lest they be falsified.</p><p>The heirs of the deceased appealed in the court of the Holy Prophet ﷺ Now, contrary to the earlier situation, the executers of the will were claiming to have purchased the missing item while the heirs were denying it. In view of the absence of evidence, two persons closest of the deceased gave a sworn statement that the bowl was owned by the deceased and that the two Christians were liars in their oath. So, the amount of money for which they had sold it (1, 000 Dirhams) was made to be handed over to the heirs.</p><p>Commentary</p><p>'These verses are meant to give general instructions to the Muslims with regard to making will before death. The advice given is that the will should be evidenced by witnesses, so that they may prove the will in case of a dispute after the death of the testator. It has also been advised that two pious Muslims are chosen for witnessing the will. However, if the Muslim witnesses are not available, non-Muslim witnesses may also serve the purpose. The words 'two witnesses from you" signify the preference of Muslim witnesses, but the following words "or of two others not from you" point out to the permissibility of non-Muslim witnesses.</p><p>Then, the words "if you have some doubt" refers to a situation where the legal heirs of the deceased have a claim against the executors of the will, as in the case of Budayl the heirs claimed that a bowl of silver was delivered by the deceased to the executors. Since, in this case the heirs are the plaintiffs, they should produce witnesses to prove their claim, but on their failure to do so, the defendants, i.e. the trustees are required to declare on oath that they did not commit any breach of trust. For that purpose, the Holy Qur'an advises the judge by saying, you shall detain them after the prayer, and they shall swear.</p><p>Although it is not legally compulsory to take this oath in the mosque after a prayer, yet the Holy Qur'an has advised to take oath after a prayer, so that the sanctity of time and place may further persuade the people to give a truthful statement.</p><p>In the next verse the Holy Qur'an says, "Then, if it is discovered that the two had rendered themselves liable to a sin..." It means that they had given a false evidence, as in the case of Budayl they themselves admitted that the bowl was purchased by them which implied that the property of Budayl contained a bowl and their earlier testimony was false. At this stage they claimed that they had purchased the bowl from Budayl. They should have substantiated this claim by witnesses, but they failed to do so, therefore, the oath was given to the legal heirs of Budayl that no such sale took place to the best of their knowledge. It is this oath of the heirs which has been mentioned in the verse by saying, "then, in their place shall stand two others closest of those whose right has been taken away and they shall swear by Allah..."</p><p>Some Rulings</p><p>1.	The person with whom the deceased leaves his or her property in trust with the request that it be given to someone is called Wasiyy (authorized guardian, executor, trustee, caretaker; plural: Awsiya' ). A Wasiyy can be one individual, or more.</p><p>2.	That a Wasiyy should be Muslim and just, is better but not necessary, no matter whether the will is being made in journey or at home.</p><p>3.	In a dispute, the complainant is called the Mudda'i (plaintiff) while the other party is Mudda` a ` alayh (respondent).</p><p>4.	Witnesses from the Plaintiff are taken first. If he presents them as recognized under the legal norms set by the Shari’ ah of Islam, the case is decided in his favour. If he cannot do that, the Respondent is put on oath and the case is decided in his favour. However, if he denies it, the Plaintiff wins the case.</p><p>5.	Taking oath at a particular time or place in order to make it more emphatic, as done in the cited verse, depends on the opinion of the judge - it is not required compulsorily. Its compulsory nature is not proved from this verse too, while the converse is proved from other verses and Hadith reports.</p><p>The Witness of a Kafir is Acceptable in the case of another Kafir</p><p>In the opening words of the verse (106): يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ translated as : ` when death draws near one of you, that is, at the time of making a will, the evidence (recognized) between you shall be of two just witnesses from among you, or of two others not from you,' Muslims have been commanded that at the time death draws near one of them, they should appoint two good and just men from among them as their Wasiyy (executor of the will), and if they do not have such people from their own, then, they can have two others (that is, from disbelievers).</p><p>It is from here that Imam Abu Hanifah has deduced the ruling that the witness given by disbelievers for each other is permissible. Since the witness of the disbelievers has been declared permissible in the case of Muslims in this verse, as obvious from: أَوْ آخَرَ‌انِ مِنْ غَيْرِ‌كُمْ (or of two others not from you), so the witness of disbelievers for each other is permissible as more suited. But, later on, the witness of the disbelievers for Muslims was abrogated under the authority of the verse: وَاسْتَشْهِدُوا شَهِيدَيْنِ مِن رِّ‌جَالِكُمْ (And have two witnesses from among your men - 2:282). But, the evidence of disbelievers for each other remains valid as it was. (Qurtubi  Al-Ahkam Al-Qur'an by Jassas)</p><p>The support for the position of Imam Abu Hanifah (رح) also comes from what a Hadith says about a Jew who had committed Zina (adultery). His people smeared his face with black soot and produced him before the Holy Prophet ﷺ . Looking at his condition, he asked for the reason. They told him that the man had committed adultery (Zina). After hearing the testimony of the witnesses, he gave orders that he be stoned to death (Rajm). (Jassas)</p><p>Two Words, Two Rules</p><p>1.	The word, تَحْبِسُونَهُمَا (You shall detain them) in the context of this verse (106) tells us that a person who (genuinely) owes something to someone (having the right of return), the later can have him detained for the retrieval of his right, if and when needed. (Qurtubi)</p><p>The word, "Salah" in: مِن بَعْدِ الصَّلَاةِ (after the prayer) means the Salah or prayer of عَصر ` Asr. That this time has been chosen is because the people of the Book held it in esteem. Telling a lie at this time was particularly prohibited among them. This tells us that the placing of the restriction of special time or place for taking a solemn and sacred oath (Taghliz) is permissible. (Qurtubi)</p>
Sequence of VersesPrior to this, there were injunctions relevant to religious considerations. Now some injunctions relevant to worldly considerations have been mentioned. The hint given is that the way Allah Ta` ala, in His mercy, helps His servants with better life in the Hereafter, He also takes care of better sustenance for them in the present world. (Bayan al-Qur'an)The Background of RevelationThe event in the background of the revelation of the cited verses is that Budayl, a Muslim accompanied by Tamim and ` Adiyy, who were Christians at that time, travelled to Syria on a business visit. After reaching Syria, Budayl became sick. He made out a list of his things in writing and put it in his baggage. He did not inform his companions of the trip about it. When his sickness became serious, he called his Christian trip companions and made a will before them that they should deliver everything to his heirs. When they returned, they delivered everything to them. But, they took out a silver bowl which was polished with gold, or had gold inlay work on it, from the belongings. When the heirs found the list of things in the baggage left for them by the deceased, they asked the caretakers of the will if the deceased had sold something from the property, or was he very sick which may have compelled him to make unusual expenses. They answered their inquiry in the negative. Finally, the case came up for hearing before the Holy Prophet ﷺ . Since the heirs had no witnesses, the two Christians were put under oath. They declared that they had neither committed any breach of trust in what belonged to the deceased, nor had they hidden any of his things. In the end, based on the oath, the verdict was given in their favour. After the passage of some time, it was found that the two of them had sold that bowl to a goldsmith in Makkah. When asked, they said that they had bought it from the de-ceased. Since they had no witnesses at the time of purchase, they pleaded, they did not mention it earlier lest they be falsified.The heirs of the deceased appealed in the court of the Holy Prophet ﷺ Now, contrary to the earlier situation, the executers of the will were claiming to have purchased the missing item while the heirs were denying it. In view of the absence of evidence, two persons closest of the deceased gave a sworn statement that the bowl was owned by the deceased and that the two Christians were liars in their oath. So, the amount of money for which they had sold it (1, 000 Dirhams) was made to be handed over to the heirs.Commentary'These verses are meant to give general instructions to the Muslims with regard to making will before death. The advice given is that the will should be evidenced by witnesses, so that they may prove the will in case of a dispute after the death of the testator. It has also been advised that two pious Muslims are chosen for witnessing the will. However, if the Muslim witnesses are not available, non-Muslim witnesses may also serve the purpose. The words 'two witnesses from you" signify the preference of Muslim witnesses, but the following words "or of two others not from you" point out to the permissibility of non-Muslim witnesses.Then, the words "if you have some doubt" refers to a situation where the legal heirs of the deceased have a claim against the executors of the will, as in the case of Budayl the heirs claimed that a bowl of silver was delivered by the deceased to the executors. Since, in this case the heirs are the plaintiffs, they should produce witnesses to prove their claim, but on their failure to do so, the defendants, i.e. the trustees are required to declare on oath that they did not commit any breach of trust. For that purpose, the Holy Qur'an advises the judge by saying, you shall detain them after the prayer, and they shall swear.Although it is not legally compulsory to take this oath in the mosque after a prayer, yet the Holy Qur'an has advised to take oath after a prayer, so that the sanctity of time and place may further persuade the people to give a truthful statement.In the next verse the Holy Qur'an says, "Then, if it is discovered that the two had rendered themselves liable to a sin..." It means that they had given a false evidence, as in the case of Budayl they themselves admitted that the bowl was purchased by them which implied that the property of Budayl contained a bowl and their earlier testimony was false. At this stage they claimed that they had purchased the bowl from Budayl. They should have substantiated this claim by witnesses, but they failed to do so, therefore, the oath was given to the legal heirs of Budayl that no such sale took place to the best of their knowledge. It is this oath of the heirs which has been mentioned in the verse by saying, "then, in their place shall stand two others closest of those whose right has been taken away and they shall swear by Allah..."Some Rulings1.	The person with whom the deceased leaves his or her property in trust with the request that it be given to someone is called Wasiyy (authorized guardian, executor, trustee, caretaker; plural: Awsiya' ). A Wasiyy can be one individual, or more.2.	That a Wasiyy should be Muslim and just, is better but not necessary, no matter whether the will is being made in journey or at home.3.	In a dispute, the complainant is called the Mudda'i (plaintiff) while the other party is Mudda` a ` alayh (respondent).4.	Witnesses from the Plaintiff are taken first. If he presents them as recognized under the legal norms set by the Shari’ ah of Islam, the case is decided in his favour. If he cannot do that, the Respondent is put on oath and the case is decided in his favour. However, if he denies it, the Plaintiff wins the case.5.	Taking oath at a particular time or place in order to make it more emphatic, as done in the cited verse, depends on the opinion of the judge - it is not required compulsorily. Its compulsory nature is not proved from this verse too, while the converse is proved from other verses and Hadith reports.The Witness of a Kafir is Acceptable in the case of another KafirIn the opening words of the verse (106): يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ translated as : ` when death draws near one of you, that is, at the time of making a will, the evidence (recognized) between you shall be of two just witnesses from among you, or of two others not from you,' Muslims have been commanded that at the time death draws near one of them, they should appoint two good and just men from among them as their Wasiyy (executor of the will), and if they do not have such people from their own, then, they can have two others (that is, from disbelievers).It is from here that Imam Abu Hanifah has deduced the ruling that the witness given by disbelievers for each other is permissible. Since the witness of the disbelievers has been declared permissible in the case of Muslims in this verse, as obvious from: أَوْ آخَرَ‌انِ مِنْ غَيْرِ‌كُمْ (or of two others not from you), so the witness of disbelievers for each other is permissible as more suited. But, later on, the witness of the disbelievers for Muslims was abrogated under the authority of the verse: وَاسْتَشْهِدُوا شَهِيدَيْنِ مِن رِّ‌جَالِكُمْ (And have two witnesses from among your men - 2:282). But, the evidence of disbelievers for each other remains valid as it was. (Qurtubi  Al-Ahkam Al-Qur'an by Jassas)The support for the position of Imam Abu Hanifah (رح) also comes from what a Hadith says about a Jew who had committed Zina (adultery). His people smeared his face with black soot and produced him before the Holy Prophet ﷺ . Looking at his condition, he asked for the reason. They told him that the man had committed adultery (Zina). After hearing the testimony of the witnesses, he gave orders that he be stoned to death (Rajm). (Jassas)Two Words, Two Rules1.	The word, تَحْبِسُونَهُمَا (You shall detain them) in the context of this verse (106) tells us that a person who (genuinely) owes something to someone (having the right of return), the later can have him detained for the retrieval of his right, if and when needed. (Qurtubi)The word, "Salah" in: مِن بَعْدِ الصَّلَاةِ (after the prayer) means the Salah or prayer of عَصر ` Asr. That this time has been chosen is because the people of the Book held it in esteem. Telling a lie at this time was particularly prohibited among them. This tells us that the placing of the restriction of special time or place for taking a solemn and sacred oath (Taghliz) is permissible. (Qurtubi)
<h2 class="title">Testimony of Two Just Witnesses for the Final Will and Testament</h2><p>This honorable Ayah contains a glorious ruling from Allah. Allah's statement, </p><div class="text_uthmani arabic">يِـأَيُّهَا الَّذِينَ ءَامَنُواْ شَهَـدَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ</div><p>(O you who believe! When death approaches any of you, and you make a bequest, then take the testimony of two...) meaning that there should be two witnesses in such cases, </p><div class="text_uthmani arabic">ذَوَا عَدْلٍ</div><p>(just men...) thus, describing them as just, </p><div class="text_uthmani arabic">مِّنكُمْ</div><p>(of your own folk) Muslims. </p><div class="text_uthmani arabic">أَوْ ءَاخَرَانِ مِنْ غَيْرِكُمْ</div><p>(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, </p><div class="text_uthmani arabic">إِنْ أَنتُمْ ضَرَبْتُمْ فِى الاٌّرْضِ</div><p>(if you are traveling through the land) on a journey, </p><div class="text_uthmani arabic">فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ</div><p>(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, "The witness of the Jews and Christians is not allowed except while traveling, and even then only to witness the dictation of the will." Allah's statement, </p><div class="text_uthmani arabic">تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلوةِ</div><p>(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, </p><div class="text_uthmani arabic">فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ</div><p>(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, </p><div class="text_uthmani arabic">لاَ نَشْتَرِى بِهِ</div><p>(We wish not in this) in our vows, according to Muqatil bin Hayyan, </p><div class="text_uthmani arabic">ثَمَناً</div><p>(for any worldly gain) of this soon to end life, </p><div class="text_uthmani arabic">وَلَوْ كَانَ ذَا قُرْبَى</div><p>(even though he be our near relative.) meaning, if the beneficiary be our near relative, we will still not compromise on the truth. </p><div class="text_uthmani arabic">وَلاَ نَكْتُمُ شَهَـدَةَ اللَّهِ</div><p>(We shall not hide the testimony of Allah,) thus stating that the testimony is Allah's, as a way of respecting it and valuing its significance, </p><div class="text_uthmani arabic">إِنَّآ إِذَاً لَّمِنَ الاٌّثِمِينَ</div><p>(for then indeed we should be of the sinful.) if we distort the testimony, change, alter or hide it entirely. Allah said next, </p><div class="text_uthmani arabic">فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّآ إِثْماً</div><p>(If it then becomes known that these two had been guilty of sin...) if the two witnesses were found to have cheated or stolen from the money that the will is being written about, </p><div class="text_uthmani arabic">يِقُومَانُ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الاٌّوْلَيَانِ</div><p>(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, </p><div class="text_uthmani arabic">فَيُقْسِمَانِ بِاللَّهِ لَشَهَـدَتُنَا أَحَقُّ مِن شَهَـدَتِهِمَا</div><p>(Let them swear by Allah (saying): "We affirm that our testimony is truer than that of both of them...") Meaning, our testimony that they have cheated is more truthful than the testimony that they have offered, </p><div class="text_uthmani arabic">وَمَا اعْتَدَيْنَآ</div><p>(and that we have not trespassed (the truth),) when we accused them of treachery, </p><div class="text_uthmani arabic">إِنَّا إِذاً لَّمِنَ الظَّـلِمِينَ</div><p>(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. Allah's statement, </p><div class="text_uthmani arabic">ذلِكَ أَدْنَى أَن يَأْتُواْ بِالشَّهَـدَةِ عَلَى وَجْهِهَآ</div><p>(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. Allah's statement, </p><div class="text_uthmani arabic">أَوْ يَخَـفُواْ أَن تُرَدَّ أَيْمَـنٌ بَعْدَ أَيْمَـنِهِمْ</div><p>(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, </p><div class="text_uthmani arabic">أَوْ يَخَـفُواْ أَن تُرَدَّ أَيْمَـنٌ بَعْدَ أَيْمَـنِهِمْ</div><p>(or else they would fear that (other) oaths would be admitted after their oaths.), then, </p><div class="text_uthmani arabic">وَاتَّقُواْ اللَّهَ</div><p>(And have Taqwa of Allah) in all of your affairs, </p><div class="text_uthmani arabic">وَاسْمَعُواْ</div><p>(and listen.) and obey, </p><div class="text_uthmani arabic">وَاللَّهُ لاَ يَهْدِى الْقَوْمَ الْفَـسِقِينَ</div><p>(And Allah guides not the rebellious people.) who do not obey Him or follow His Law. </p><div class="text_uthmani arabic">يَوْمَ يَجْمَعُ اللَّهُ الرُّسُلَ فَيَقُولُ مَاذَآ أُجِبْتُمْ قَالُواْ لاَ عِلْمَ لَنَآ إِنَّكَ أَنتَ عَلَّـمُ الْغُيُوبِ </div>
Testimony of Two Just Witnesses for the Final Will and TestamentThis honorable Ayah contains a glorious ruling from Allah. Allah's statement, يِـأَيُّهَا الَّذِينَ ءَامَنُواْ شَهَـدَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ(O you who believe! When death approaches any of you, and you make a bequest, then take the testimony of two...) meaning that there should be two witnesses in such cases, ذَوَا عَدْلٍ(just men...) thus, describing them as just, مِّنكُمْ(of your own folk) Muslims. أَوْ ءَاخَرَانِ مِنْ غَيْرِكُمْ(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, إِنْ أَنتُمْ ضَرَبْتُمْ فِى الاٌّرْضِ(if you are traveling through the land) on a journey, فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ(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, "The witness of the Jews and Christians is not allowed except while traveling, and even then only to witness the dictation of the will." Allah's statement, تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلوةِ(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, فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ(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, لاَ نَشْتَرِى بِهِ(We wish not in this) in our vows, according to Muqatil bin Hayyan, ثَمَناً(for any worldly gain) of this soon to end life, وَلَوْ كَانَ ذَا قُرْبَى(even though he be our near relative.) meaning, if the beneficiary be our near relative, we will still not compromise on the truth. وَلاَ نَكْتُمُ شَهَـدَةَ اللَّهِ(We shall not hide the testimony of Allah,) thus stating that the testimony is Allah's, as a way of respecting it and valuing its significance, إِنَّآ إِذَاً لَّمِنَ الاٌّثِمِينَ(for then indeed we should be of the sinful.) if we distort the testimony, change, alter or hide it entirely. Allah said next, فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّآ إِثْماً(If it then becomes known that these two had been guilty of sin...) if the two witnesses were found to have cheated or stolen from the money that the will is being written about, يِقُومَانُ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الاٌّوْلَيَانِ(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, فَيُقْسِمَانِ بِاللَّهِ لَشَهَـدَتُنَا أَحَقُّ مِن شَهَـدَتِهِمَا(Let them swear by Allah (saying): "We affirm that our testimony is truer than that of both of them...") Meaning, our testimony that they have cheated is more truthful than the testimony that they have offered, وَمَا اعْتَدَيْنَآ(and that we have not trespassed (the truth),) when we accused them of treachery, إِنَّا إِذاً لَّمِنَ الظَّـلِمِينَ(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. Allah's statement, ذلِكَ أَدْنَى أَن يَأْتُواْ بِالشَّهَـدَةِ عَلَى وَجْهِهَآ(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. Allah's statement, أَوْ يَخَـفُواْ أَن تُرَدَّ أَيْمَـنٌ بَعْدَ أَيْمَـنِهِمْ(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, أَوْ يَخَـفُواْ أَن تُرَدَّ أَيْمَـنٌ بَعْدَ أَيْمَـنِهِمْ(or else they would fear that (other) oaths would be admitted after their oaths.), then, وَاتَّقُواْ اللَّهَ(And have Taqwa of Allah) in all of your affairs, وَاسْمَعُواْ(and listen.) and obey, وَاللَّهُ لاَ يَهْدِى الْقَوْمَ الْفَـسِقِينَ(And Allah guides not the rebellious people.) who do not obey Him or follow His Law. يَوْمَ يَجْمَعُ اللَّهُ الرُّسُلَ فَيَقُولُ مَاذَآ أُجِبْتُمْ قَالُواْ لاَ عِلْمَ لَنَآ إِنَّكَ أَنتَ عَلَّـمُ الْغُيُوبِ 