Exegesis of the Verses on Witnessing a Will in Surat al-Ma'idah
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I hope you will explain the three verses from Surat al-Ma'idah, which are the words of Allah the Exalted: [al-Ma'idah: 106-108] ?And may Allah reward you with good! The Shaykh: Is this question something you need?The questioner: By Allah! I would like to know their meaning; because I looked at them in the tafsir and found the words of scholars that are above our level.
The Shaykh: This noble verse indicates: that if a person intends to make a will and death is near him, he must appoint two men from among the Muslims; because the testimony of a non-Muslim is not accepted, but in case of dire necessity, there is no harm in appointing a non-Muslim:[Al-Ma'idah 5:106] meaning: from among the Muslims, so he makes the will and appoints two Muslims as witnesses, and does not appoint non-Muslims, but in case of dire necessity he appoints them;And for this he said:[Al-Ma'idah 5:106] Then he gives an example of dire necessity: [Al-Ma'idah 5:106] meaning: you were traveling [Al-Ma'idah 5:106] he appoints two witnesses to the will: that I bequeath such and such,Whether he bequeathed a debt upon him, he said: I testify to you that I owe so-and-so such and such, or I bequeath a gift, so he appoints these two non-Muslims as witnesses, and when they arrive in the town and we want to call them to testify, we detain them after the prayer,Meaning: after the 'Asr prayer, and this is a time in which testimony is emphasized; because it is the end of the day and supplication is generally accepted in it,So we detain them after the prayer: they swear by Allah when testifying, "We will not buy [this testimony] for a price, even if [the deceased] is a close relative," but that is only if we doubt their testimony; as for if we do not doubt it, there is no need to make them swear,We do not make them swear: [Al-Ma'idah 5:106] .
We repeat it once again,He says: If a person is traveling and wants to make a will, because death is near him and he knows he will die, either by an accident where he is left with a breath and wants to speak, or by an illness that has weakened him and he knows his term is near, he appoints two Muslims as witnesses to his will. If there are no Muslims with him and there are non-Muslims, he appoints two non-Muslims as witnesses out of dire necessity; because there is no time and he knows his term has arrived, and there is no Muslim, so out of dire necessity he appoints the disbelievers. When the two disbelievers arrive in the town, how do we treat them when calling them to testify? We detain them after the 'Asr prayer, and the detention here is not detention in prisons, no,Meaning: we stop them,And we say: "Swear by Allah that you have not committed a sin" (they swear by Allah, "We will not buy [this testimony] for a price, even if [the deceased] is a close relative") meaning: we do not give false and fabricated testimony, even if they are his closest relatives:[Al-Ma'idah 5:106] meaning: we do not hide anything of what we testified to: [Al-Ma'idah 5:106] , this is the first part of the story.
[Al-Ma'idah 5:107] meaning: if it becomes clear afterwards that their testimony is false: [Al-Ma'idah 5:107] the people most entitled to this deceased are looked to, and they are the people closest to him, and they are those who inherit from him: [Al-Ma'idah 5:107] .
And in the second verse there is another opinion, and it does not come to my mind now,But there is another opinion in it: that the one who swears is not the heirs of the deceased, and we postpone speaking about it until we look into it, if Allah wills, in the books of the exegetes.
(106) 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." (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." (108) That is more likely that they will give testimony according to its [true] objective, or [at least] they would fear that [other] oaths might be taken after their oaths. And fear Allah and listen; and Allah does not guide the defiantly disobedient people.
يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِنْكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنْتُمْ ضَرَبْتُمْ فِي الْأَرْضِ فَأَصَابَتْكُمْ مُصِيبَةُ الْمَوْتِ تَحْبِسُونَهُمَا مِنْ بَعْدِ الصَّلاةِ فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ لا نَشْتَرِي بِهِ ثَمَناً وَلَوْ كَانَ ذَا قُرْبَى وَلا نَكْتُمُ شَهَادَةَ اللَّهِ إِنَّا إِذاً لَمِنَ الْآثِمِينَ * فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّا إِثْماً فَآخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الْأَوْلَيَانِ فَيُقْسِمَانِ بِاللَّهِ لَشَهَادَتُنَا أَحَقُّ مِنْ شَهَادَتِهِمَا وَمَا اعْتَدَيْنَا إِنَّا إِذاً لَمِنَ الظَّالِمِينَ * ذَلِكَ أَدْنَى أَنْ يَأْتُوا بِالشَّهَادَةِ عَلَى وَجْهِهَا أَوْ يَخَافُوا أَنْ تُرَدَّ أَيْمَانٌ بَعْدَ أَيْمَانِهِمْ وَاتَّقُوا اللَّهَ وَاسْمَعُوا وَاللَّهُ لا يَهْدِي الْقَوْمَ الْفَاسِقِينَThe Shaykh: This noble verse indicates: that if a person intends to make a will and death is near him, he must appoint two men from among the Muslims; because the testimony of a non-Muslim is not accepted, but in case of dire necessity, there is no harm in appointing a non-Muslim:
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
يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍor two others from outside
أَوْ آخَرَانِ مِنْ غَيْرِكُمْif you are traveling through the land
إِنْ أَنْتُمْ ضَرَبْتُمْ فِي الْأَرْضِand the disaster of death should strike you
فَأَصَابَتْكُمْ مُصِيبَةُ الْمَوْتِand they swear by Allah
فَيُقْسِمَانِ بِاللَّهِand we will not withhold the testimony of Allah. Indeed, we would then be of the sinful."
وَلا نَكْتُمُ شَهَادَةَ اللَّهِ إِنَّا إِذاً لَمِنَ الْآثِمِينَWe repeat it once again,He says: If a person is traveling and wants to make a will, because death is near him and he knows he will die, either by an accident where he is left with a breath and wants to speak, or by an illness that has weakened him and he knows his term is near, he appoints two Muslims as witnesses to his will. If there are no Muslims with him and there are non-Muslims, he appoints two non-Muslims as witnesses out of dire necessity; because there is no time and he knows his term has arrived, and there is no Muslim, so out of dire necessity he appoints the disbelievers. When the two disbelievers arrive in the town, how do we treat them when calling them to testify? We detain them after the 'Asr prayer, and the detention here is not detention in prisons, no,Meaning: we stop them,And we say: "Swear by Allah that you have not committed a sin" (they swear by Allah, "We will not buy [this testimony] for a price, even if [the deceased] is a close relative") meaning: we do not give false and fabricated testimony, even if they are his closest relatives:
and we will not withhold the testimony of Allah
وَلا نَكْتُمُ شَهَادَةَ اللَّهِIndeed, we would then be of the sinful."
إِنَّا إِذاً لَمِنَ الْآثِمِينَBut if it is found that those two were guilty of perjury
فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّا إِثْماًlet two others stand in their place [who are] foremost [in claim] from those who have a lawful right
فَآخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الْأَوْلَيَانِAnd 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."
فَيُقْسِمَانِ بِاللَّهِ لَشَهَادَتُنَا أَحَقُّ مِنْ شَهَادَتِهِمَا وَمَا اعْتَدَيْنَا إِنَّا إِذاً لَمِنَ الظَّالِمِينَAnd in the second verse there is another opinion, and it does not come to my mind now,But there is another opinion in it: that the one who swears is not the heirs of the deceased, and we postpone speaking about it until we look into it, if Allah wills, in the books of the exegetes.