Surat Al-Mā'idah (The Table Spread)
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يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِي الْأَرْضِ فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ ۚ تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلَاةِ فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ لَا نَشْتَرِي بِهِ ثَمَنًا وَلَوْ كَانَ ذَا قُرْبَىٰ ۙ وَلَا نَكْتُمُ شَهَادَةَ اللَّهِ إِنَّا إِذًا لَّمِنَ الْآثِمِينَ
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Ya ayyuha allatheena amanooshahadatu baynikum itha hadara ahadakumualmawtu heena alwasiyyati ithnani thawaAAadlin minkum aw akharani min ghayrikum in antum darabtumfee al-ardi faasabatkum museebatu almawti tahbisoonahumamin baAAdi assalati fayuqsimani billahiini irtabtum la nashtaree bihi thamanan walaw kana thaqurba wala naktumu shahadata Allahiinna ithan lamina al-athimeen
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O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest - [that of] two just men from among you or two others from outside if you are traveling through the land and the disaster of death should strike you. Detain them after the prayer and let them both swear by Allah if you doubt [their testimony, saying], "We will not exchange our oath for a price, even if he should be a near relative, and we will not withhold the testimony of Allah . Indeed, we would then be of the sinful."
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That is, pious, righteous and trustworthy Muslims.
This shows that the Muslims are permitted to make the non-Muslims their witnesses only in case the Muslim witnesses are not available.
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Witnesses at the Time of Death
The passage is concluded with an outline of the rulings applicable to witnesses to a will, when the testator is away from home and from his society. These are the final rulings given in this sūrah on certain transactions in Islamic society. They provide guarantees to ensure that people receive what is rightly theirs.
Believers, let there be witnesses to what you do when death approaches you and you are about to make bequests: two persons of probity from among your own people, or two others from outside, if the pangs of death come to you when you are travelling through the land. Detain them both after prayer, and if you have any doubt in mind, let them swear by God, “We shall not sell this [our word] for any price, even though it were for a near kinsman; and neither shall we conceal anything of what we have witnessed before God; for then we should be among the sinful.” But if afterwards it should come to light that the two [witnesses] have been guilty of [this very] sin, then two others should replace them from among those immediately concerned. Both shall swear by God, “Our testimony is indeed truer than that of these two. We have not transgressed the bounds of what is right; for then we should be among the evil-doers. “Thus it will be more likely that people will offer testimony in accordance with the truth; or else they will fear that the oaths of others may be taken after their oaths. Have fear of God and hearken to Him. God does not guide those who are iniquitous. (Verses 106-108)
The process outlined in these three verses indicates that a person who feels the end to be near and wants to make bequests assigning any money he has to his relatives should call in two Muslim witnesses of probity and give them what property he has so that they may give it to his relatives who are not present. This applies when the person concerned is in his hometown. If he is travelling and does not find two Muslim witnesses to entrust his property to, then it is permissible to have two non-Muslim witnesses.
- filter_vintageTestimony of Two Just Witnesses for the Final Will and TestamentThis honorable Ayah contains a glorious ruling from Allah. Allah's statement,﴿يِـأَيُّهَا الَّذِينَ ءَامَنُواْ شَهَـدَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ﴾(O you who believe! When death approaches any of you, and you make a bequest, then take the testimony of two...) meaning that there should be two witnesses in such cases,﴿ذَوَا عَدْلٍ﴾(just men...) thus, describing them as just,﴿مِّنكُمْ﴾(of your own folk) Muslims.﴿أَوْ ءَاخَرَانِ مِنْ غَيْرِكُمْ﴾(or two others from outside) non-Muslims, meaning the People of the Book, according to Ibn `Abbas as Ibn Abi Hatim recorded. Allah said next,﴿إِنْ أَنتُمْ ضَرَبْتُمْ فِى الاٌّرْضِ﴾(if you are traveling through the land) on a journey,﴿فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ﴾(and the calamity of death befalls you.) These are two conditions that permit using non-Muslims from among the Dhimmis for witnesses when there are no Muslims present: When one is traveling and needs to write a will, as Sharih Al-Qadi said. Ibn Jarir recorded that Sharih said, "The witness of the Jews and Christians is not allowed except while traveling, and even then only to witness the dictation of the will.'' Allah's statement,﴿تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلوةِ﴾(Detain them both after the Salah (the prayer),) refers to the `Asr prayer, according to Al-`Awfi who reported it from Ibn `Abbas. This is the same explanation reported from Sa`id bin Jubayr, Ibrahim An-Nakha`i, Qatadah, `Ikrimah and Muhammad bin Sirin. As for Az-Zuhri, he said that they are detained after Muslim prayer (i.e., in congregation). Therefore, these two witnesses will be detained after a congregational prayer,﴿فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ﴾(let them both swear by Allah if you are in doubt.) meaning, if you are in doubt that they might have committed treachery or theft, then they should swear by Allah,﴿لاَ نَشْتَرِى بِهِ﴾(We wish not in this) in our vows, according to Muqatil bin Hayyan,﴿ثَمَناً﴾(for any worldly gain) of this soon to end life,﴿وَلَوْ كَانَ ذَا قُرْبَى﴾(even though he be our near relative.) meaning, if the beneficiary be our near relative, we will still not compromise on the truth.﴿وَلاَ نَكْتُمُ شَهَـدَةَ اللَّهِ﴾(We shall not hide the testimony of Allah,) thus stating that the testimony is Allah's, as a way of respecting it and valuing its significance,﴿إِنَّآ إِذَاً لَّمِنَ الاٌّثِمِينَ﴾(for then indeed we should be of the sinful.) if we distort the testimony, change, alter or hide it entirely. Allah said next,