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 3606
اُردوEn
حَدَّثَنَا الْحَسَنُ بْنُ عَلِيٍّ ، حَدَّثَنَا يَحْيَى بْنُ آدَمَ ، حَدَّثَنَا ابْنُ أَبِي زَائِدَةَ ، عَنْ مُحَمَّدِ بْنِ أَبِي الْقَاسِمِ ، عَنْ عَبْدِ الْمَلِكِ بْنِ سَعِيدِ بْنِ جُبَيْرٍ ، عَنْ أَبِيهِ ، عَنِ ابْنِ عَبَّاسٍ ، قَالَ : " خَرَجَ رَجُلٌ مِنْ بَنِي سَهْمٍ ، مَعَ تَمِيمٍ الدَّارِيِّ ، وَعُدَيِّ بْنِ بَدَّاءٍ ، فَمَاتَ السَّهْمِيُّ بِأَرْضٍ لَيْسَ بِهَا مُسْلِمٌ ، فَلَمَّا قَدِمَا بِتَرِكَتِهِ فَقَدُوا جَامَ فِضَّةٍ مُخَوَّصًا بِالذَّهَبِ ، فَأَحْلَفَهُمَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، ثُمَّ وُجِدَ الْجَامُ بِمَكَّةَ ، فَقَالُوا : اشْتَرَيْنَاهُ مِنْ تَمِيمٍ وَعُدَيٍّ ، فَقَامَ رَجُلَانِ مِنْ أَوْلِيَاءِ السَّهْمِيِّ فَحَلَفَا لَشَهَادَتُنَا أَحَقُّ مِنْ شَهَادَتِهِمَا ، وَإِنَّ الْجَامَ لِصَاحِبِهِمْ قَالَ : فَنَزَلَتْ فِيهِمْ يَأَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ سورة المائدة آية 106 " .
Narrated Abdullah Ibn Abbas: A man from Banu Sahm went out with Tamim ad-Dari and Adi ibn BAdda. The man of Banu Sahm died in the land where no Muslim was present. When they returned with his inheritance, they (the heirs) did not find a silver cup with lines of gold (in his property). The Messenger of Allah ﷺ administered on oath to them. The cup was then found (with someone) at Makkah. They said: We have bought it from Tamim and Adi. Then two men from the heirs of the man of Banu Sahm got up and swore saying: Our witness is more reliable than their witness. They said that the cup belonged to their man. He (Ibn Abbas) said: The following verse was revealed about them: "O ye who believe! when death approaches any of you. . . . . "
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: The name of the deceased Sahmi is Budayl bin Abi Mariyah, and both of his companions were Christians at that time. Later, when the Messenger of Allah (sallallahu alayhi wa sallam) arrived in Madinah, they became Muslim. When Tamim Dari accepted Islam, he considered this act of betrayal to be a grave sin. Then he went to the heirs of the Sahmi, informed them of the entire matter, and paid them his share of five hundred dirhams. He also informed them that the remaining five hundred dirhams were with ‘Adi bin Badda’. Those five hundred were also taken from him. (Fath al-Bari, Book of Bequests, Chapter: The Saying of Allah the Exalted: “O you who believe...” 501 to 502)
Benefit: The name of the deceased Sahmi is Budayl bin Abi Mariyah, and both of his companions were Christians at that time. Later, when the Messenger of Allah (sallallahu alayhi wa sallam) arrived in Madinah, they became Muslim. When Tamim Dari accepted Islam, he considered this act of betrayal to be a grave sin. Then he went to the heirs of the Sahmi, informed them of the entire matter, and paid them his share of five hundred dirhams. He also informed them that the remaining five hundred dirhams were with ‘Adi bin Badda’. Those five hundred were also taken from him. (Fath al-Bari, Book of Bequests, Chapter: The Saying of Allah the Exalted: “O you who believe...” 501 to 502)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3606
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Imam Bukhari rahimahullah has established from this that testimony should be recorded regarding a will, so that it can be utilized in case of any dispute.
(2)
From the noble verse it is understood that, in the event of making a will during travel, if just Muslim witnesses cannot be found, then in such circumstances the testimony of non-Muslims can be accepted, whereas in normal circumstances, Islam and uprightness are conditions for testimony.
If, on the basis of any evidence, doubt arises regarding the testimony of non-Muslims, then the testimony of superior witnesses will invalidate the testimony of the previous witnesses.
From this it is known that testimony, in every situation, should be precise and truthful.
(3)
In one narration, it is mentioned that when Hazrat Tamim Dari radi Allahu anhu became Muslim, he felt remorse for this sin.
He went to the family of the deceased, confessed his crime, paid five hundred dirhams to compensate for the loss, and informed them that the remaining five hundred dirhams were with his companion.
(Fath al-Bari: 5/502)
(1)
Imam Bukhari rahimahullah has established from this that testimony should be recorded regarding a will, so that it can be utilized in case of any dispute.
(2)
From the noble verse it is understood that, in the event of making a will during travel, if just Muslim witnesses cannot be found, then in such circumstances the testimony of non-Muslims can be accepted, whereas in normal circumstances, Islam and uprightness are conditions for testimony.
If, on the basis of any evidence, doubt arises regarding the testimony of non-Muslims, then the testimony of superior witnesses will invalidate the testimony of the previous witnesses.
From this it is known that testimony, in every situation, should be precise and truthful.
(3)
In one narration, it is mentioned that when Hazrat Tamim Dari radi Allahu anhu became Muslim, he felt remorse for this sin.
He went to the family of the deceased, confessed his crime, paid five hundred dirhams to compensate for the loss, and informed them that the remaining five hundred dirhams were with his companion.
(Fath al-Bari: 5/502)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2780
