Surah Al Ma'idah Tafseer
Tafseer of Al-Ma'idah : 106
Saheeh International
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."
Ibn Kathir
Tafseer 'Ibn Kathir' (EN)
Testimony of Two Just Witnesses for the Final Will and Testament
This honorable Ayah contains a glorious ruling from Allah.
Allah's statement,
يِا أَيُّهَا الَّذِينَ امَنُواْ شَهَادَةُ 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 اخَرَانِ 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 فِي الَارْضِ
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 الصَّلَةِ
Detain them both after the Salah (the prayer),
According to Al-Awfi who reported it from Ibn Abbas,
refers to the `Asr prayer.
This is the same explanation reported from Sa`id bin Jubayr, Ibrahim An-Nakhai, 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 بِاللّهِ 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,
لَا نَشْتَرِي بِهِ
We wish not in this,
According to Muqatil bin Hayyan,
in our vows.
ثَمَنًا
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.
وَلَا نَكْتُمُ شَهَادَةَ اللّهِ
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.
إِنَّا إِذًا لَّمِنَ الاثِمِينَ
for then indeed we should be of the sinful."
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