Ayah
Word by Word
فَإِنۡ
Then if
عُثِرَ
it is discovered
عَلَىٰٓ
(on)
أَنَّهُمَا
that the two
ٱسۡتَحَقَّآ
(were) guilty
إِثۡمٗا
(of) sin
فَـَٔاخَرَانِ
then (let) two others
يَقُومَانِ
stand
مَقَامَهُمَا
(in) their place
مِنَ
from
ٱلَّذِينَ
those who
ٱسۡتَحَقَّ
have a lawful right
عَلَيۡهِمُ
over them
ٱلۡأَوۡلَيَٰنِ
the former two
فَيُقۡسِمَانِ
and let them both swear
بِٱللَّهِ
by Allah
لَشَهَٰدَتُنَآ
Surely our testimony
أَحَقُّ
(is) truer
مِن
than
شَهَٰدَتِهِمَا
testimony of the other two
وَمَا
and not
ٱعۡتَدَيۡنَآ
we have transgressed
إِنَّآ
Indeed, we
إِذٗا
then
لَّمِنَ
(will be) of
ٱلظَّـٰلِمِينَ
the wrongdoers
فَإِنۡ
Then if
عُثِرَ
it is discovered
عَلَىٰٓ
(on)
أَنَّهُمَا
that the two
ٱسۡتَحَقَّآ
(were) guilty
إِثۡمٗا
(of) sin
فَـَٔاخَرَانِ
then (let) two others
يَقُومَانِ
stand
مَقَامَهُمَا
(in) their place
مِنَ
from
ٱلَّذِينَ
those who
ٱسۡتَحَقَّ
have a lawful right
عَلَيۡهِمُ
over them
ٱلۡأَوۡلَيَٰنِ
the former two
فَيُقۡسِمَانِ
and let them both swear
بِٱللَّهِ
by Allah
لَشَهَٰدَتُنَآ
Surely our testimony
أَحَقُّ
(is) truer
مِن
than
شَهَٰدَتِهِمَا
testimony of the other two
وَمَا
and not
ٱعۡتَدَيۡنَآ
we have transgressed
إِنَّآ
Indeed, we
إِذٗا
then
لَّمِنَ
(will be) of
ٱلظَّـٰلِمِينَ
the wrongdoers
Translation
But if it gets known that these two were guilty of the sin (of perjury), let two others stand forth in their places,- nearest in kin from among those who claim a lawful right: let them swear by Allah: "We affirm that our witness is truer than that of those two, and that we have not trespassed (beyond the truth): if we did, behold! the wrong be upon us!"
Tafsir
But if it be discovered, [if] it be ascertained after they have sworn their oaths, that both of them have merited [the suspicion of] sin, that is, that they have done something to incur it, in the way of a breach of faith or perjury in the testimony; for example, if what they are accused of is found with them and then they claim that they had bought it from the deceased or that he had bequeathed it to them, then two others shall take their place, so that the oaths are to be taken from them, being the nearest (al-awlayaan is a substitution for aakharaan, 'two others'; a variant reading has al-awwaleen, plural of awwal, as an adjectival qualification of, or a substitution for, alladheena, 'of those'), in kinship to the deceased, of those most concerned, with the bequest, namely, the inheritors, and they shall swear by God, to the breach of faith of the two witnesses, and they shall both say, 'Verily, our testimony, our oath, is truer, is more faithful, than their testimony, their oath, and we have not transgressed, we have [not] overstepped the [bounds of] truth in our oaths, for then we would assuredly be among the evildoers': meaning, let the one about to die call two men as witnesses to his bequest, or let him instruct in his bequest that the two be from among his co-religionists or from among others, if he cannot find any [from among the former] because he is travelling or for some similar reason. If the inheritors have doubts about the two men and claim a breach of faith on the part of the two for having taken something or given it to some other person - alleging that the deceased bequeathed it to him - then let the two men swear in full [in the way mentioned above]. If then some indication surfaces that the two men have been lying and these two then claim some motivation for this action [of theirs], the nearest of the inheritors in kinship [to the deceased] shall swear to the perjury of the two men and to the truth of what they [the inheritors] suspected. This stipulation holds for the two trustees, but is abrogated in the case of the two witnesses. Likewise, the testimony of non co-religionists is abrogated. The reason for [stipulating] the mid-afternoon prayer is to consecrate the oaths. The specification in this verse that the oath be from the two inheritors nearest in kinship concerns the incident regarding which it was revealed. This [incident], as reported by al-Bukhaaree, involved a man from the Banoo Sahm who had set out on a journey with Tameem al-Daaree and Adiyy ibn Baddaa', when they were both [still] Christians. The man from the Banoo Sahm died in a place where there were no Muslims. When the two came back with his bequest, they [his relatives] found that a silver bowl plated with gold was missing and so the two were brought before the Prophet may peace and salutation be upon him; thereupon this verse was revealed. The Prophet may peace and salutation be upon him made the two swear oaths. The bowl was later discovered in Mecca, where the owners said that they had bought it from Tameem and 'Udayy. The next verse was then revealed, after which two of the Sahmee man's close kin came to swear their oaths; in al-Tirmidhee's version, 'Amr ibn al-'aas, who was closer to the deceased man, stood up with one other from among the kin, and they swore an oath; in yet another version, the [Sahmee] man fell ill and instructed them as to hisbequest and asked them to deliver what he had left to his family, but when he died, they took the bowl [and sold it] and then gave what remained [of that money] to his family.
Testimony of Two Just Witnesses for the Final Will and Testament
This honorable Ayah contains a glorious ruling from Allah.
Allah's statement,
يِا أَيُّهَا الَّذِينَ امَنُواۡ شَهَادَةُ بَيۡنِكُمۡ إِذَا حَضَرَ أَحَدَكُمُ الۡمَوۡتُ حِينَ الۡوَصِيَّةِ اثۡنَانِ
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,
ذَوَا عَدۡلٍ
just men...
thus, describing them as just,
مِّنكُمۡ
of your own folk, (Muslims).
أَوۡ اخَرَانِ مِنۡ غَيۡرِكُمۡ
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,
إِنۡ أَنتُمۡ ضَرَبۡتُمۡ فِي الَارۡضِ
if you are traveling through the land, (on a journey),
فَأَصَابَتۡكُم مُّصِيبَةُ الۡمَوۡتِ
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,
تَحۡبِسُونَهُمَا مِن بَعۡدِ الصَّلَةِ
Detain them both after the Salah (the prayer),
According to Al-Awfi who reported it from Ibn Abbas,
refers to the `Asr prayer.
This is the same explanation reported from Sa`id bin Jubayr, Ibrahim An-Nakhai, 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,
فَيُقۡسِمَانِ بِاللّهِ إِنِ ارۡتَبۡتُمۡ
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,
لَا نَشۡتَرِي بِهِ
We wish not in this,
According to Muqatil bin Hayyan,
in our vows.
ثَمَنًا
for any worldly gain,
of this soon to end life.
وَلَوۡ كَانَ ذَا قُرۡبَى
even though he be our near relative.
meaning, if the beneficiary be our near relative, we will still not compromise on the truth.
وَلَا نَكۡتُمُ شَهَادَةَ اللّهِ
We shall not hide the testimony of Allah,
thus stating that the testimony is Allah's, as a way of respecting it and valuing its significance.
إِنَّا إِذًا لَّمِنَ الاثِمِينَ
for then indeed we should be of the sinful.
فَإِنۡ عُثِرَ عَلَى أَنَّهُمَا اسۡتَحَقَّا إِثۡمًا فَأخَرَانِ يِقُومَانُ مَقَامَهُمَا مِنَ الَّذِينَ اسۡتَحَقَّ عَلَيۡهِمُ الَاوۡلَيَانِ
If it then becomes known that these two had been guilty of sin, let two others stand forth in their places, nearest in kin from among those who claim a lawful right.
فَيُقۡسِمَانِ بِاللّهِ لَشَهَادَتُنَا أَحَقُّ مِن شَهَادَتِهِمَا
Let them swear by Allah (saying):We affirm that our testimony is truer than that of both of them...
Meaning, our testimony that they have cheated is more truthful than the testimony that they have offered,
وَمَا اعۡتَدَيۡنَا
and that we have not trespassed (the truth),
when we accused them of treachery,
إِنَّا إِذًا لَّمِنَ الظَّالِمِينَ
for then indeed we should be of the wrongdoers.
if we had lied about them.
This is the oath of the heirs, and preference is to be given to their saying. Just as in the case with the oath of relative of a murdered person if he attempts to tarnish the case of the murdered person. So his family takes an oath in defense of his honor. This is discussed in the studies of the oaths in the books of Ahkam.
Allah's statement
ذَلِكَ أَدۡنَى أَن يَأۡتُواۡ بِالشَّهَادَةِ عَلَى وَجۡهِهَا
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,
أَوۡ يَخَافُواۡ أَن تُرَدَّ أَيۡمَانٌ بَعۡدَ أَيۡمَانِهِمۡ
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,
أَوۡ يَخَافُواۡ أَن تُرَدَّ أَيۡمَانٌ بَعۡدَ أَيۡمَانِهِمۡ
(or else they would fear that (other) oaths would be admitted after their oaths).
then,
وَاتَّقُوا اللّهَ
And have Taqwa of Allah,
in all of your affairs,
وَاسۡمَعُواۡ
and listen,
and obey,
وَاللّهُ لَا يَهۡدِي الۡقَوۡمَ الۡفَاسِقِينَ
And Allah guides not the rebellious people.
who do not obey Him or follow His Law.
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