Surah Maidah ayat 107 Tafsir Quran 5:107

﴿فَإِنْ عُثِرَ عَلَىٰ أَنَّهُمَا اسْتَحَقَّا إِثْمًا فَآخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الْأَوْلَيَانِ فَيُقْسِمَانِ بِاللَّهِ لَشَهَادَتُنَا أَحَقُّ مِن شَهَادَتِهِمَا وَمَا اعْتَدَيْنَا إِنَّا إِذًا لَّمِنَ الظَّالِمِينَ﴾
[ المائدة: 107]

5:107 But if it is found that those two were guilty of perjury, let two others stand in their place [who are] foremost [in claim] from those who have a lawful right. And let them swear by Allah, "Our testimony is truer than their testimony, and we have not transgressed. Indeed, we would then be of the wrongdoers."

But if it be discovered if it be ascertained after they have sworn their oaths that both of them have merited the suspicion of sin that is that they have done something to incur it in the way of a breach of faith or perjury in the testimony; for example if what they are accused of is found with them and then they claim that they had bought it from the deceased or that he had bequeathed it to them then two others shall take their place so that the oaths are to be taken from them being the nearest al-awlayān is a substitution for ākharān ‘two others’; a variant reading has al-awwalīn plural of awwal as an adjectival qualification of or a substitution for alladhīna ‘of those’ in kinship to the deceased of those most concerned with the bequest namely the inheritors and they shall swear by God to the breach of faith of the two witnesses and they shall both say ‘Verily our testimony our oath is truer is more faithful than their testimony their oath and we have not transgressed we have not overstepped the bounds of truth in our oaths for then we would assuredly be among the evildoers’ meaning let the one about to die call two men as witnesses to his bequest or let him instruct in his bequest that the two be from among his co-religionists or from among others if he cannot find any from among the former because he is travelling or for some similar reason. If the inheritors have doubts about the two men and claim a breach of faith on the part of the two for having taken something or given it to some other person — alleging that the deceased bequeathed it to him — then let the two men swear in full in the way mentioned above. If then some indication surfaces that the two men have been lying and these two then claim some motivation for this action of theirs the nearest of the inheritors in kinship to the deceased shall swear to the perjury of the two men and to the truth of what they the inheritors suspected. This stipulation holds for the two trustees but is abrogated in the case of the two witnesses. Likewise the testimony of non co-religionists is abrogated.

However, if it is found out, that they have willfully uttered false evidence while on oath, they are replaced by others who claim lawful right to the deceased estate. They are sworn that their evidence is more consistent with fact than that given by the other two men, whom, they say, we do not falsely accuse of perjury nor do we give false evidence lest we would 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

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

However, it became clear after their testimony that they had betrayed the dead person, and the custodians of the deceased found out. Allah said: ( But then, if it is afterwards ascertained that both of them merit (the suspicion of ) sin) of betrayal, ( let two others ) representing the deceased person, ’Amr Ibn al-’As and Muttalib Ibn Abi Wada’ah ( take their place ) the place of the two Christians ( of those nearly concerned ) about such a betrayal, i.e. the two Christians, and it is said that the reference here is to those from whom the property was taken away, i.e. the custodians of the deceased person, ( and let them ) the custodians of the deceased person ( swear by Allah ) that the property that was with the deceased person was more than what the two Christians gave back, ( (saying ): Verily our testimony) the testimony of the Muslims ( is truer than their testimony ) the testimony of the Christians ( and we have not transgressed ) let them say: we have not transgressed in our claim, ( for then ) for if we have transgressed ( indeed we should be of the evil-doers ) liars who harm others.

If then it gets 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): "We 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 wrong-doers."

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