O You Who Believe

43)

"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."

[Al-Maidah 5:106]

This honourable verse describes the steps of bequest (heir-ship or wirasat).

Allah says that if the time of a person's death arrives and he wishes to bequest his property or ownership to a trustee or heir, then two witnesses should take testimony.

The description of the two men is that they should be just and among us i.e they should be Muslims.

The other condition is when you are travelling i.e in a journey and you fail to arrange two righteous Muslim men to take testimony then two men from the outside i.e two just and righteous Non-Muslims can be called to take the testimony.

Detain them after prayer refers to Asr prayer according to Ibn Abbas but Az-Zuhri refers to it as congregational prayer. So the two people taking testimony will be detained after the congregational prayer.

Thr next step is to let them both swear in the name of Allah if you are in doubt. This means if you are in doubt that they might have committed treachery or theft, then they should swear by Allah that they do not seek any worldly gain by these vows. They should swear that even if the person on the deathbed is their beneficiary or close relative, they will not compromise the truth and they shall not hide or withhold the testimony of truth. Thus stating that the testimony is Allah's, as a way of respecting it and valuing its significance. And a part of the vows is that they ahould swear that they will be among the sinners if they were to compromise the truth or that if they distort the testimony, change, alter or hide it entirely.

The next two verses are related to the same command.

"If it then becomes known that these two had been guilty of sin, let two others stand forth in their places, nearest in kin from among those who claim a lawful right. Let them swear by Allah, saying: "We affirm that our testimony is truer than the both of them and that we have not trespassed (the truth) when we accused them of treachery for then indeed we should be of the wrongdoers." That should make it closer (to the fact) that their testimony would be in its true nature and shape, or else they would fear that (other) oaths would be admitted after their oaths. And have Taqwa of Allah and listen (with obedience to Him). And Allah guides not the rebellious people."

[Al-Maidah 5:107-8]

If the two witnesses were found to have cheated or stolen from the money that the will is being written about then other two people should take testimony in their place. These two witnesses should be the nearest rightful inheritors.

These two should then testify that our testimony is more truthful than the testimony that they have offered and we have not trespassed the truth when we accused them of treachery, because if we had lied about them then we are the wrongdoers.

This is the oath of the heirs, and preference is to be given to their saying. Just as in the case with the oath of relative of a murdered person if he attempts to tarnish the case of the murdered person. So his family takes an oath in defense of his honor. This is discussed in the studies of the oaths in the books of Ahkam.

The ruling requiring the two Dhimmi witnesses to swear, if there is a doubt that they were not truthful, might compel them to admit to the testimony in its true form. This means, requiring them to swear by Allah might encourage them to admit to the true testimony because they respect swearing by Allah and they glorify and revere Him. They also fear exposure if the heirs of the deceased are required to swear instead of them. In this case, the heirs would swear and earn the rightful inheritance that the two witnesses failed to declare.

Next, Allah subhanahu was ta'ala commanded the believers to have taqwa of Allah in all their affairs. The special mention of the requirement of taqwa here can also mean that a person should have taqwa at all times but when taking oaths, he should especially be extremely cautious and fearful of Allah.

After that is the order to listen to Allah i.e obey Him in all matters and situations. Allah has also stated that those who do not listen to Allah and become rebellious to His commands are left unguided by Allah. Hence to be guided by Allah, we must first follow His commands and obey Him.

Things we learnt:

> Two just Muslim witnesses should take testimony from a person who wishes to bequest his ownership to an heir. The witnesses should affirm that their testimony is truthful and they will be among sinners if they compromise the truth or steal from the property.

> If death approaches a person while he is on a journey and he is unable to arrange two Muslim witnesses then he can go for two non-Muslims who are righteous and closest in kin or the inheritors. They must also swear that they are truthful to the testimony.

> If these two are found to be guilty of treachery then two others must be brought forth in their place. These two should likewise take the testimony and affirm that they are truthful.

> In fear of having other oaths admitted in their place, these two will stay truthful to their words and remain righteous.

> At all times, in all our affairs and especially when taking oaths, a person should fear Allah and listen to Him in obedience.

> Those who rebel will be among those who remain unguided by Allah. Hence to be guided, we must obey and listen to Allah in obedience.

May Allah forgive us and guide us.
Ameen.
Wama alayna illal balaghul mubeen.