Surah Al-Maaida (5) — Ayah 106

(Ayah 106 to 108) {يٰۤاَيُّهَا الَّذِيْنَ اٰمَنُوْا شَهَادَةُ بَيْنِكُمْ …:} In these verses, Allah Almighty says that O Muslims! When you are in a state of travel and signs of death begin to appear upon you and you have some wealth or belongings, then Allah’s command is that from among the Muslims or non-Muslims, appoint two men who are just and truthful as witnesses over it. They should deliver the deceased’s belongings to his heirs. If the heirs of the deceased have doubt about these two witnesses that they have committed treachery and have hidden some of the deceased’s wealth, then they will be detained after the prayer (in the mosque) to take an oath. Then they will swear by Allah and say that we will not swear a false oath by Allah for the sake of wealth, even if the one for whose benefit we are swearing is our relative, and we will not conceal the testimony which Allah has commanded. If we do so, then surely we will be among the sinners. If after these two have sworn an oath, it becomes clear that they have committed treachery, then two close relatives from among the heirs of the deceased will come forward and take an oath that our testimony that these two have committed treachery and sworn a false oath is more acceptable than their testimony, and that in the testimony we have given against them, we have not wronged them. If we have wronged them, then surely we will be among the wrongdoers. After this, Allah Almighty has stated the wisdom and benefit of taking such an oath, that its benefit is that the witnesses, fearing the punishment of the Hereafter, will give testimony without altering the reality, and the wisdom in taking an oath from two close relatives in the case of treachery is that the witnesses in the state of travel will fear that if we swear a false oath, it will be rejected, because the close relatives will swear an oath and our lie will be exposed before the people.

The reason for the revelation of these verses is that Abdullah bin Abbas (may Allah be pleased with them both) narrates that a (Muslim) man from the tribe of Banu Sahm set out on a journey with Tamim Dari and Adi bin Badda (both of whom were Christians at that time). The Sahmi died in a land where there was no Muslim to whom he could make a bequest, so he entrusted his belongings to Tamim Dari and Adi. When both of them returned with his inheritance, the heirs saw that a silver cup, engraved with gold designs, was missing. (The case reached the Messenger of Allah, peace and blessings be upon him.) The Prophet (peace and blessings be upon him) took an oath from Tamim Dari and Adi (and let them go). Later, the cup was found in Makkah. Those who had the cup said that they had bought it from Tamim and Adi bin Badda. Then two men from among the heirs of the Sahmi stood up and testified that surely this cup belongs to our close relative, i.e., the Sahmi. Thus, this verse was revealed about them: «يٰۤاَيُّهَا الَّذِيْنَ اٰمَنُوْا شَهَادَةُ بَيْنِكُمْ اِذَا حَضَرَ اَحَدَكُمُ الْمَوْتُ حِيْنَ الْوَصِيَّةِ اثْنٰنِ ذَوَا عَدْلٍ مِّنْكُمْ » [المائدۃ : ۱۰۶ ] [ بخاری، الوصایا، باب قول اللہ عزوجل : «یآیھا الذین اٰمنوا شھادۃ بینکم…» : ۲۷۸ ]