Bayhaqi 20623 — Reports on the words of Allah the Mighty and Majestic

Muqatil bin Hayyan (may Allah have mercy on him) said concerning this saying of Allah Almighty: 'O you who believe! The testimony among you, when death approaches one of you at the time of making a bequest, is that of two just men from among you' [Surah al-Ma'idah: 106], meaning two just men from the people of your religion; 'or two others from outside you' [Surah al-Ma'idah: 106], meaning two Jews or two Christians. 'If you are travelling in the land' [Surah al-Ma'idah: 106]. (Its background is that) there were two Christian men from the people of Darin, one of them named Tamim and the other Adi. A freed slave (mawla) of Quraysh accompanied them on a trading journey, and they travelled by sea. The Qurayshi had known property with him, which his heirs knew of, consisting of vessels and goods. The Qurayshi fell ill and entrusted his bequest to the two men of Darin, then he died. The two of them took possession of the property. When they returned from their trading journey, they brought the property and the will and handed them over to the heirs of the deceased, bringing only part of his property. The people found the property to be too little, and said to the two men of Darin: "Our companion set out with much more property than what you have brought. Did he sell or buy anything and suffer a loss in it, or was his illness prolonged so that he spent on himself?" They said: "No." They said: "Then you have betrayed us." They took the property and brought their case to the Prophet (peace and blessings be upon him). Then Allah Almighty revealed: 'O you who believe! The testimony among you, when death approaches one of you' [Surah al-Ma'idah: 106] to the end of the verse. When it was revealed that they should be detained after the prayer, the Prophet (peace and blessings be upon him) ordered them, and they stood after the prayer and swore by Allah, Lord of the heavens and Lord of the earth, that your freed slave left no property except what we have brought you, and that we do not sell our oaths for any price of this world, 'even if he be a near relative, and we will not conceal the testimony of Allah, for then we would indeed be among the sinners.' [Surah al-Ma'idah: 106]
When they had sworn, they were let go. Then later they found one of the vessels of the deceased and seized the two men of Darin, who said: "We bought it from him during his lifetime," and they lied. They were asked to produce proof but could not. Then the matter was brought to the Prophet (peace and blessings be upon him), and Allah, the Blessed and Exalted, revealed: 'But if it is discovered' [Surah al-Ma'idah: 107], that is, if it comes to light, 'that the two were guilty of sin' [Surah al-Ma'idah: 107], meaning the two men of Darin, if they had concealed a right; 'then two others' [Surah al-Ma'idah: 107] from the heirs of the deceased 'shall stand in their place, from among those who have a claim against them, the two nearest, and they shall swear by Allah' [Surah al-Ma'idah: 107], that is, they shall swear by Allah that our companion's property was such and such, and that what we claim from the two men of Darin is the truth, 'and we have not transgressed, for then we would indeed be among the wrongdoers.' [Surah al-Ma'idah: 107] This is the statement of the two witnesses from the heirs of the deceased when the betrayal of the two men of Darin came to light. Allah Almighty says: 'That is more likely to make them give testimony in its true form' [Surah al-Ma'idah: 108], meaning the two men of Darin and the people, (so that they would not) return to the like of that.