Surah 5:108
Show Full Scripture Context (5:106-108) — 3 Verses
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ شَهَٰدَةُ بَيۡنِكُمۡ إِذَا حَضَرَ أَحَدَكُمُ ٱلۡمَوۡتُ حِينَ ٱلۡوَصِيَّةِ ٱثۡنَانِ ذَوَا عَدۡلٖ مِّنكُمۡ أَوۡ ءَاخَرَانِ مِنۡ غَيۡرِكُمۡ إِنۡ أَنتُمۡ ضَرَبۡتُمۡ فِي ٱلۡأَرۡضِ فَأَصَٰبَتۡكُم مُّصِيبَةُ ٱلۡمَوۡتِۚ تَحۡبِسُونَهُمَا مِنۢ بَعۡدِ ٱلصَّلَوٰةِ فَيُقۡسِمَانِ بِٱللَّهِ إِنِ ٱرۡتَبۡتُمۡ لَا نَشۡتَرِي بِهِۦ ثَمَنٗا وَلَوۡ كَانَ ذَا قُرۡبَىٰ وَلَا نَكۡتُمُ شَهَٰدَةَ ٱللَّهِ إِنَّآ إِذٗا لَّمِنَ ٱلۡأٓثِمِينَ
You who believe! When death approaches one of you, the testimony among you at the time (of making) bequests will be (that of) two just men of you, or two others of (a people) other than you, if you strike forth on the earth and the smiting of death smites you. Detain them both after the prayer, and let them both swear by God, if you have your doubts (about them): ‘We will not sell it for a price, even if he happens to be a family member, and we will not conceal the testimony of God. Surely then we would indeed be among the sinners.’
فَإِنۡ عُثِرَ عَلَىٰٓ أَنَّهُمَا ٱسۡتَحَقَّآ إِثۡمٗا فَـَٔاخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ ٱلَّذِينَ ٱسۡتَحَقَّ عَلَيۡهِمُ ٱلۡأَوۡلَيَٰنِ فَيُقۡسِمَانِ بِٱللَّهِ لَشَهَٰدَتُنَآ أَحَقُّ مِن شَهَٰدَتِهِمَا وَمَا ٱعۡتَدَيۡنَآ إِنَّآ إِذٗا لَّمِنَ ٱلظَّـٰلِمِينَ
If it is discovered that they both (were guilty of) sin, let two others take their place, from those who have a rightful claim against the two former (false witnesses), and let them both swear by God: ‘Certainly our testimony is truer than the testimony of the other two, and we have not transgressed. Surely then we would indeed be among the evildoers.’
ذَٰلِكَ أَدۡنَىٰٓ أَن يَأۡتُواْ بِٱلشَّهَٰدَةِ عَلَىٰ وَجۡهِهَآ أَوۡ يَخَافُوٓاْ أَن تُرَدَّ أَيۡمَٰنُۢ بَعۡدَ أَيۡمَٰنِهِمۡۗ وَٱتَّقُواْ ٱللَّهَ وَٱسۡمَعُواْۗ وَٱللَّهُ لَا يَهۡدِي ٱلۡقَوۡمَ ٱلۡفَٰسِقِينَ
That will make it more likely that they will give testimony directly, or (else) they will be afraid that (their) oaths will be turned back after they have sworn them. Guard (yourselves) against God and hear! God does not guide the people who are wicked.
This honorable Ayah contains a glorious ruling from Allah. Allah's statement,
{O you who believe! When death approaches any of you, and you make a bequest, then take the testimony of two...}
meaning that there should be two witnesses in such cases,
{just men...} thus, describing them as just,
{of your own folk} Muslims,
{or two others from outside} non-Muslims, meaning the People of the Book, according to Ibn 'Abbas as Ibn Abi Hatim recorded.
Allah said next,
{if you are traveling through the land} on a journey,
{and the calamity of death befalls you.}
These are two conditions that permit using non-Muslims from among the Dhimmis for witnesses when there are no Muslims present: When one is traveling and needs to write a will, as Sharih Al-Qadi said. Ibn Jarir recorded that Sharih said, "The witness of the Jews and Christians is not allowed except while traveling, and even then only to witness the dictation of the will." Allah's statement,
{Detain them both after the Salah (the prayer),}
refers to the 'Asr prayer, according to Al-'Awfi who reported it from Ibn 'Abbas. This is the same explanation reported from Sa'id bin Jubayr, Ibrahim An-Nakha'i, Qatadah, 'Ikrimah and Muhammad bin Sirin. As for Az-Zuhri, he said that they are detained after Muslim prayer (i.e., in congregation). Therefore, these two witnesses will be detained after a congregational prayer,
{let them both swear by Allah if you are in doubt.}
meaning, if you are in doubt that they might have committed treachery or theft, then they should swear by Allah,
{We wish not in this} in our vows, according to Muqatil bin Hayyan.
{for any worldly gain} of this soon to end life,
{even though he be our near relative.} meaning, if the beneficiary is our relative, we will not favor him, or favor anyone for his honor. This is discussed in the studies of the oaths in the books of Ahkam. Allah's statement,
{That should make it closer (to the fact) that their testimony would be in its true nature and shape (and thus accepted),}
means, the ruling requiring the two Dhimmi witnesses to swear, if there is a doubt that they were not truthful, might compel them to admit to the testimony in its true form. Allah's statement,
{or else they would fear that (other) oaths would be admitted after their oaths.}
means, requiring them to swear by Allah might encourage them to admit to the true testimony because they respect swearing by Allah and they glorify and revere Him. They also fear exposure if the heirs of the deceased are required to swear instead of them. In this case, the heirs would swear and earn the rightful inheritance that the two witnesses failed to declare. This is why Allah said,
{or else they would fear that (other) oaths would be admitted after their oaths.}