سنن ابي داود
Abu Dawud
كتاب الأقضيةThe Office of the Judge (Kitab Al-Aqdiyah)
باب شَهَادَةِ أَهْلِ الذِّمَّةِ وَفِي الْوَصِيَّةِ فِي السَّفَرِChapter: The testimony od ahl adh-dhimmah and a will made when traveling.
Hadith 3605
اُردوEn
حَدَّثَنَا زِيَادُ بْنُ أَيُّوبَ ، حَدَّثَنَا هُشَيْمٌ ، أَخْبَرَنَا زَكَرِيَّا ، عَنِ الشَّعْبِيِّ ، " أَنَّ رَجُلًا مِنِ الْمُسْلِمِينَ حَضَرَتْهُ الْوَفَاةُ بِدَقُوقَاء هَذِهِ ، وَلَمْ يَجِدْ أَحَدًا مِنِ الْمُسْلِمِينَ يُشْهِدُهُ عَلَى وَصِيَّتِهِ ، فَأَشْهَدَ رَجُلَيْنِ مِنْ أَهْلِ الْكِتَابِ ، فَقَدِمَا الْكُوفَةَ فَأَتَيَا أَبَا مُوسَى الْأَشْعَرِيَّ ، فَأَخْبَرَاهُ ، وَقَدِمَا بِتَرِكَتِهِ ، وَوَصِيَّتِهِ ، فَقَالَ الْأَشْعَرِيُّ : هَذَا أَمْرٌ لَمْ يَكُنْ بَعْدَ الَّذِي كَانَ فِي عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَأَحْلَفَهُمَا بَعْدَ الْعَصْرِ بِاللَّهِ مَا خَانَا وَلَا كَذَبَا وَلَا بَدَّلَا وَلَا كَتَمَا وَلَا غَيَّرَا ، وَإِنَّهَا لَوَصِيَّةُ الرَّجُلِ وَتَرِكَتُهُ فَأَمْضَى شَهَادَتَهُمَا " .
Ash-Shabi said: A Muslim was about to die at Daquqa', but he did not find any Muslim to call him for witness to his will. So he called two men of the people of the Book for witness. Then they came to Kufah, and approaching Abu Musa al-Ashari they informed him (about his) will. They brought his inheritance and will. Al-Ashari said: This is an incident (like) which happened in the time of the Messenger of Allah ﷺ and never occurred after him. So he made them to swear by Allah after the afternoon prayer to the effect that they had not misappropriated, nor told a lie, nor changed, nor concealed, nor altered, and that it was the will of the man and his inheritance. He then executed their witness.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: If a Muslim faces death in a place where there are Muslim witnesses available for his will, then the Qur’an has described the method for this.
The statement of Allah, the Exalted, is:
O you who have believed!
When death approaches any one of you, then let there be testimony among you.
And at the time of making a will, appoint two just witnesses from among your (Muslim) men.
Or, if you are traveling on the earth and the calamity of death befalls you (on the way), then two witnesses from another people (i.e., non-Muslims) will also suffice.
Then, if you have any doubt, detain both of those witnesses after the prayer (in the mosque), and they should swear by Allah that: “We are not taking any price for this testimony,
and even if he is our relative,
(we will not show any partiality), and we do not conceal the testimony of Allah. If we do so, then indeed we would be among the sinners.”
Then, if it becomes known that indeed both of them have committed a sin, then two others from among those whose right was violated should stand in their place,
and who are closer in relation to the deceased.
Then both of them should swear by Allah: “Our testimony is truer than the testimony of those two,
and we have not transgressed. If we do so, then we would be among the wrongdoers.”
In this way, there is more hope that they will give testimony properly,
or at the very least, they will fear that after their oaths, the oaths of the (heirs) may not be rejected.
And fear Allah and listen.
And Allah does not guide the defiantly disobedient people.
(al-Ma’idah, 106 to 108) From both hadiths of this chapter, it is evident that in the absence of Muslim witnesses, non-Muslim witnesses can be appointed.
To remove doubt and suspicion from their testimony, an oath should also be taken along with the testimony. Although there is some discussion regarding the chain of narration of the first hadith,
the next hadith is from Sahih Bukhari.
From this, it becomes clear that the decision made by the Messenger of Allah (sallallahu alayhi wa sallam) was exactly in accordance with divine revelation.
Benefit: If a Muslim faces death in a place where there are Muslim witnesses available for his will, then the Qur’an has described the method for this.
The statement of Allah, the Exalted, is:
O you who have believed!
When death approaches any one of you, then let there be testimony among you.
And at the time of making a will, appoint two just witnesses from among your (Muslim) men.
Or, if you are traveling on the earth and the calamity of death befalls you (on the way), then two witnesses from another people (i.e., non-Muslims) will also suffice.
Then, if you have any doubt, detain both of those witnesses after the prayer (in the mosque), and they should swear by Allah that: “We are not taking any price for this testimony,
and even if he is our relative,
(we will not show any partiality), and we do not conceal the testimony of Allah. If we do so, then indeed we would be among the sinners.”
Then, if it becomes known that indeed both of them have committed a sin, then two others from among those whose right was violated should stand in their place,
and who are closer in relation to the deceased.
Then both of them should swear by Allah: “Our testimony is truer than the testimony of those two,
and we have not transgressed. If we do so, then we would be among the wrongdoers.”
In this way, there is more hope that they will give testimony properly,
or at the very least, they will fear that after their oaths, the oaths of the (heirs) may not be rejected.
And fear Allah and listen.
And Allah does not guide the defiantly disobedient people.
(al-Ma’idah, 106 to 108) From both hadiths of this chapter, it is evident that in the absence of Muslim witnesses, non-Muslim witnesses can be appointed.
To remove doubt and suspicion from their testimony, an oath should also be taken along with the testimony. Although there is some discussion regarding the chain of narration of the first hadith,
the next hadith is from Sahih Bukhari.
From this, it becomes clear that the decision made by the Messenger of Allah (sallallahu alayhi wa sallam) was exactly in accordance with divine revelation.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3605
