´Narrated Ibn 'Abbas:` from Tamim Ad-Dari, regarding this Ayah: O you who believe! When death approaches any of you then take the testimony (5:106). He said: "The people are innocent of it, other than myself and 'Adi bin Badda.' We were Christians who used to frequent Ash-Sham before Islam." They went to Ash-Sham for their business, and they were approached by a freed slave of Banu Sahm, who was called Budail bin Abi Maryam, with some trade. He had a bowl they wanted made of silver, but he wanted a great deal for it. Then he became ill, and willed it to them, and he commissioned them to deliver what was left to his family. Tamim said: "When he died, we took that bowl and we sold it for one-thousand Dirham. Then 'Adi bin Badda and I divided it. When we went to his family to give them what was with us, they searched for the bowl and asked about it. We said: 'He did not leave behind other than this, nor did he give us other than this.'" Tamim said: "When I accepted Islam, after the Messenger of Allah (ﷺ) had arrived in Al-Madinah, I felt guilty about that, so I went to his family, and informed them about what had happened. I gave them fifty-thousand Dirham and told them my companion had the same. They took him to the Messenger of Allah (ﷺ) but he asked them for their proof, which they did not have, so he ordered them, to have him to take an oath in accordance with whatever the people of his religion revered, so he took the oath. Then Allah revealed: 'O you who believe! When death approaches any of you then take the testimony...' up to His saying: 'Or else they would fear that oaths will be admitted after their oaths (5:106).'" So 'Amr bin Al-'As and another man stood to take an oath, and the fifty-thousand Dirham was taken from 'Adi bin Badda.'"
Hadith Referenceسنن ترمذي / كتاب تفسير القرآن عن رسول الله صلى الله عليه وسلم / 3059
Hadith Gradingالألبانی:ضعيف الإسناد جدا | زبیر علی زئی:(3059) إسناده موضوع, الكلبي محمد بن السائب : أبوالنضر ”متھم بالكذب ورمي بالرفض“ (تق: 5901)
Hadith Takhrij«تفرد بہ المؤلف ( تحفة الأشراف : لم یذکرہ في مظانہ) (ضعیف الإسناد جداً) (سند میں باذان مولی ام ہانی سخت ضعیف راوی ہے)»
Brief Explanation
1؎: "O Muslims! When the time of death approaches any one of you, then at the time of making a bequest, there should be two just witnesses from among you Muslims present." (1)
2؎: "O you who believe! Let there be witnesses between you, when death approaches any of you, at the time of making a bequest—two just persons from among you (Muslims or relatives), or two others from among other people (i.e., from another religion), if you are traveling in the land and the calamity of death befalls you. If you doubt (their testimony), detain them both after the prayer (Asr), and let them both swear by Allah: 'We will not sell our testimony for any price, even if it concerns a near relative, nor will we conceal the testimony of Allah, for then indeed we would be among the sinners.' (Thus they should swear and give testimony.) Then, if it is found that those two (witnesses) have been guilty of sin, then let two others stand forth from among those against whom the sin was committed, who are nearest in kinship, and let them both swear by Allah: 'Our testimony is truer than their testimony, and we have not transgressed, for then indeed we would be among the wrongdoers.' This is the closest way for them to give testimony in its true form, or (at least) they will fear that other oaths will be taken after their oaths. And fear Allah and listen (attentively), and know that Allah does not guide the defiantly disobedient people (i.e., the sinners and criminals) to the right path." (1)
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation: 1: O Muslims! When the time of death approaches any one of you, then at the time of making a bequest, there should be two just witnesses from among you Muslims present ().
2: O you who believe! It is appropriate that, among yourselves (from among Muslims or relatives), trustworthy persons should be witnesses when death approaches any one of you and it is time to make a bequest. Let there be two such persons who are religious, whether they are from among you or from among other people of different faiths. If you are on a journey and death approaches you, and if you have doubt, then stand both of them up after the (asr) prayer, and both should swear by Allah that: "We do not wish to gain any benefit by this oath, even if it concerns a relative, nor will we conceal the testimony of Allah. If we do so, then indeed we would be among the sinners." (Thus, they should testify by swearing an oath.) Then, if it becomes known that both witnesses have committed a sin, then from among those against whom the sin was committed, two persons who are closest in relation should stand where the former two stood, and both should swear by Allah that: "Indeed, our oath is truer than their oath, and we have not transgressed in the least. If we do so, then indeed we would be among the wrongdoers." This is a closer means for them to state the matter correctly or to fear that after their oaths, other oaths may be taken in opposition to theirs. And fear Allah, and listen attentively to His command! And know that Allah does not guide the disobedient (i.e., the defiantly disobedient and criminals) to the right path ().
Note: (In the chain of narration, Bazan, the freed slave of Umm Hani, is a severely weak narrator.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 3059