The testimony of disbelievers to a bequest in the absence of Muslims
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Question:
The Shaykh, may Allah grant you success, is it permissible for the testator to have disbelievers witness his bequest if he finds no one from among the Muslims?
Answer:
No, he does not bequeath to a disbeliever, but a disbeliever may witness; it is permissible for a disbeliever to witness his bequest if he finds no witness from among the Muslims, as in Surat al-Ma'idah, as in the end of the chapter. The Ma'idah.[Al-Baqarah 2:178]. Between you. [Al-Ma'idah 5:106] The midday prayer. It comes to you now. That is. Two. Yes. Yes.
And two just ones from you[Al-Ma'idah 5:106], they swear by Allah. To the end of the verses. So it is permissible to have a disbeliever witness the bequest if no Muslim is found, and they are detained after the 'Asr prayer because they hold this time in high esteem, and a covenant is taken from them that they will not betray in their testimony, they detain them after the prayer, meaning the 'Asr prayer, because it is a time they hold in high esteem. Yes. It is done immediately. The testimony of the disbeliever in this case for the Muslim is for dire necessity only, and this is mentioned in the exegesis of the verse, refer to it, [Al-Ma'idah 5:106] meaning from among the disbelievers.
The Shaykh, may Allah grant you success, is it permissible for the testator to have disbelievers witness his bequest if he finds no one from among the Muslims?
Answer:
No, he does not bequeath to a disbeliever, but a disbeliever may witness; it is permissible for a disbeliever to witness his bequest if he finds no witness from among the Muslims, as in Surat al-Ma'idah, as in the end of the chapter. The Ma'idah.
O you who have believed
يَا أَيُّهَا الَّذِينَ آمَنُواwhen death approaches one of you at the
إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَAnd two just ones from you
[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
اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِي الْأَرْضِ فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلَاةِwhen death approaches one of you at the time of bequest - [that of] two just men from among you or two others from outside
إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/104 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:14:39)
The Arabic text is a machine transcription of the audio recording.
