What is the interpretation of the verses in Surat al-Ma'idah, which are: "O you who believe, when death approaches any of you, let there be two just witnesses among you..."
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The questioner : I ask you, may Allah preserve you, to explain the three verses from Surat al-Ma'idah, which are the saying of Allah the Exalted, I seek refuge in Allah from the accursed Shaytan: [Al-Ma'idah 5:106-108]? 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 have 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 bequest and death approaches him, he must call upon two men from among the Muslims to be witnesses, because the testimony of a non-Muslim is not accepted, but in case of dire necessity, there is no harm in calling upon a non-Muslim to be a witness:[Al-Ma'idah 5:106] meaning: from among the Muslims. So we said: he makes the bequest and calls upon two Muslims to be witnesses, and does not call upon non-Muslims, but in case of dire necessity, he calls upon them. For this reason, He said: [Al-Ma'idah 5:106], then He gave an example of dire necessity: [Al-Ma'idah 5:106] meaning: you were traveling, [Al-Ma'idah 5:106] he calls upon two to witness the bequest: that I bequeath such and such, whether he bequeaths a debt upon him and says: I call you to witness that I owe so-and-so such and such, or he bequeaths a gift, he calls upon these two non-Muslims to be witnesses. 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. This is a time in which testimony is emphasized, because it is the end of the day and supplication is usually answered in it. So we detain them after the prayer: they swear by Allah when testifying: we do not buy with it a price, even if it is a close relative. But that is only if we doubt their testimony; 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] Do you now understand the meaning of the verse? The first one?
Let us repeat it once more. We say: if a person is traveling and intends to make a bequest, because death has approached him and he knows he will die, either through an accident where he still has a breath left and wants to speak, or through an illness that has weakened him and he knows his term is near, then he calls upon two Muslims to witness his bequest. If there are no Muslims with him and there are non-Muslims, he calls upon two non-Muslims to be 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 calls upon 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. The detention here is not detention in prisons, no, we stop them and say: swear by Allah that you have not committed a sin. They swear by Allah: we do not buy with it a price, even if it 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 witnessed: [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 was false: [Al-Ma'idah 5:107] the people most entitled to this deceased, who are the closest people to him and those who inherit from him, are looked to: [Al-Ma'idah 5:107].
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 : Is this question something you need?
The questioner : By Allah! I would like to know their meaning, because I have 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 bequest and death approaches him, he must call upon two men from among the Muslims to be witnesses, because the testimony of a non-Muslim is not accepted, but in case of dire necessity, there is no harm in calling upon a non-Muslim to be a witness:
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
يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ منكمor 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 الْآثِمِينَLet us repeat it once more. We say: if a person is traveling and intends to make a bequest, because death has approached him and he knows he will die, either through an accident where he still has a breath left and wants to speak, or through an illness that has weakened him and he knows his term is near, then he calls upon two Muslims to witness his bequest. If there are no Muslims with him and there are non-Muslims, he calls upon two non-Muslims to be 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 calls upon 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. The detention here is not detention in prisons, no, we stop them and say: swear by Allah that you have not committed a sin. They swear by Allah: we do not buy with it a price, even if it 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 الظَّالِمِينَIn 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.