Surah Maidah ayat 106 Tafsir Quran 5:106

﴿يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِي الْأَرْضِ فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ ۚ تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلَاةِ فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ لَا نَشْتَرِي بِهِ ثَمَنًا وَلَوْ كَانَ ذَا قُرْبَىٰ ۙ وَلَا نَكْتُمُ شَهَادَةَ اللَّهِ إِنَّا إِذًا لَّمِنَ الْآثِمِينَ﴾
[ المائدة: 106]

5:106 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."

O you who believe let testimony between you when death that is one of its causes draws near to one of you at the time of a bequest be that of two men of justice among you ithnāni dhawā ‘adlin minkum ‘two men of justice among you’ is the predicate expressed with the sense of an imperative in other words ‘let two men bear witness … etc.’; the genitive annexation of shahāda ‘testimony’ and bayn ‘between’ is meant to allow for a range of alternatives; hīn ‘at the time of’ is a substitute for idhā ‘when’ or an adverbial qualifier of time for the verb hadara ‘draws near’; or of two others from another folk that is from other than your own religious community if you are travelling in the land and the affliction of death befalls you. Then you shall empanel them you shall detain them tahbisūnahumā ‘you shall empanel them’ is an adjectival qualification of ākharān ‘two others’ after the mid-afternoon prayer and if you are in doubt if you are uncertain about it their testimony they shall swear by God both of them saying ‘We will not sell it our testimony in swearing by God for any price for any compensation that we might take in exchange for it from this world neither by swearing by Him falsely nor by testifying falsely for the sake of that price; even if he the person before whom it is being sworn or the one for whose sake testimony is being given be a near kinsman a close relative of ours nor will we hide testimony to God which He has commanded us to give for then if we were to hide it we would surely be among the sinful’.

O you whose hearts reflect the image of religious and spiritual virtues: when any of you feels death impending and he wishes to make a bequest, then witness action is mandatory. Two of your just men known to recourse to justice are summoned to witness the action. And in the event of being on a journey when the calamity of death befalls you, then two other men are duly detained following the funerary prayer to establish the point in question. And if you should apprehend guilt or fault on their part, then they are asked to perform the act of worship and then be sworn, thus: We swear by Allah that we have no selfish motive principles nor do we favour anyone for a gain, even if he be within the first degree of consanguinity, nor will we hide or suppress testimony a divine duty, and be wrongful of actions

Testimony of Two Just Witnesses for the Final Will and Testament This 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

(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: '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 have believed, testimony [should meaning

*120).
That is, pious, straightforward and trustworthy Muslims.
*That is, non-Muslims - 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.

 

Testimony of Two Just Witnesses for the Final Will and Testament This 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

( O ye who believe! Let there be witnesses between you ) in settlement or upon travelling ( when death draweth nigh unto one of you, at the time of bequest ) of the dead person ( two witnesses ) should testify, just men from among you) two free men; it is also said: two of your own people, ( or two others from another tribe ) who adhere to your religion, as it is said that this means: two people from outside your own people. Then, leaving the question in the case of settlement, Allah mentioned the same question in the case of travelling, saying: ( in case you are campaigning in the land ) if you are out in the land or travelling ( and the calamity of death befall you ). This verse was revealed about three men who travelled together for trade to Historic Syria. On the way, one of them, Budayl Ibn Abi Mariyah, a client of ’Amr Ibn al-’As, who was a Muslim, died. But before he died, he requested his two companions, ’Adiyy Ibn Bida’ and Tamim Ibn Aws al-Dari, who were Christians, to hand over his property to his people. They however betrayed his testament. So Allah said to the custodians of the deceased person: ( You shall empanel them both ) the two Christians ( after the prayer ) of ’Asr, ( and, if ye doubt ) O custodian of the deceased person that they gave back less than the deceased person had with him, ( they shall be made to swear by Allah (saying ): We will not take a bribe) let them say: we will not exchange our oath for a paltry portion of this world, ( even though it were (on behalf of ) a near kinsman) even if the deceased person is one of our kinsmen ( nor will we hide the testimony of Allah ) let them also say: we will not withhold our testimony, if asked, ( for then ) for if we withhold our testimony ( indeed we should be of the sinful ) i.e. of the wrong-doers.

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."

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