The testimony of the disbeliever and an explanation of His saying: “Two men of justice from among you”
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, is the testimony of the disbeliever rejected absolutely? And what is the meaning of His saying, the Exalted:[Al-Ma'idah 5:106]
The Shaykh:
A specific bequest while traveling: the testimony of a disbeliever for a Muslim regarding a bequest is accepted while traveling, because there is no one else present. The testimony of the disbeliever is accepted only for the bequest, and only while traveling, not while residing in a settled place. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success, is there a report…
The Shaykh:
You traveled in the land, meaning you explored, and the calamity of death struck you. The deceased left a bequest, and who is it that will testify to the bequest? He is in the desert with no one with him except his brother. Is any of them a disbeliever, or are they all Muslims? Is the testimony of a disbeliever accepted in this specific case? Yes.
He says: Honorable Shaykh, may Allah grant you success, is the testimony of the disbeliever rejected absolutely? And what is the meaning of His saying, the Exalted:
[that of] two just men from among you or two others from
اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْThe Shaykh:
A specific bequest while traveling: the testimony of a disbeliever for a Muslim regarding a bequest is accepted while traveling, because there is no one else present. The testimony of the disbeliever is accepted only for the bequest, and only while traveling, not while residing in a settled place. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success, is there a report…
The Shaykh:
You traveled in the land, meaning you explored, and the calamity of death struck you. The deceased left a bequest, and who is it that will testify to the bequest? He is in the desert with no one with him except his brother. Is any of them a disbeliever, or are they all Muslims? Is the testimony of a disbeliever accepted in this specific case? Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/139 شرح زاد المستقنع/ صالح الفوزان — youtube.com (42:55)
The Arabic text is a machine transcription of the audio recording.