The Testimony of Disbelievers to a Will
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Question:
Your Eminence the Shaykh (may Allah preserve you), he asks: If a person makes a will, is it permissible for disbelievers to testify to it if he finds no one from among the Muslims?
Answer:
No, he does not make a will to a disbeliever, but a disbeliever may testify. It is permissible for a disbeliever to testify to his will if he finds no witness from among the Muslims, as in Surat al-Ma'idah, and He said:[Al-Ma'idah 5:106], two from among you, yes, and if you are two who are enemies to you, two who are enemies [Al-Ma'idah 5:106] to the end of the verse.
So it is permissible to have a disbeliever testify to a will if no Muslim is found, and they are detained after the 'Asr prayer because they hold this time in high regard, and a covenant is taken from them that they will not alter the testimony. It is mentioned that they are detained for them after the prayer, meaning the 'Asr prayer, because it will occur to them. Yes. We say that the testimony of the Shafi'i in this case is for the Muslim only out of dire necessity.
Yes, and this is mentioned in the exegesis of the verse, refer to it, yes,[Al-Ma'idah 5:106] meaning from among the disbelievers, yes.
Your Eminence the Shaykh (may Allah preserve you), he asks: If a person makes a will, is it permissible for disbelievers to testify to it if he finds no one from among the Muslims?
Answer:
No, he does not make a will to a disbeliever, but a disbeliever may testify. It is permissible for a disbeliever to testify to his will if he finds no witness from among the Muslims, as in Surat al-Ma'idah, and He said:
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
يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِfrom 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
مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِي الْأَرْضِ فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلَاةِ فَيُقْسِمَانِ بِاللَّهِSo it is permissible to have a disbeliever testify to a will if no Muslim is found, and they are detained after the 'Asr prayer because they hold this time in high regard, and a covenant is taken from them that they will not alter the testimony. It is mentioned that they are detained for them after the prayer, meaning the 'Asr prayer, because it will occur to them. Yes. We say that the testimony of the Shafi'i in this case is for the Muslim only out of dire necessity.
Yes, and this is mentioned in the exegesis of the verse, refer to it, yes,
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
شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ
Source
شرح زاد المستقنع [63] — alfawzan.live (1:07:39)
The Arabic text is a machine transcription of the audio recording.