سورة المائدة

Imam Sadiq (peace be upon him)- Abu al-Sabbah al-Kinani said: I asked Imam Sadiq (peace be upon him) about the verse: یِا أَیُّهَا الَّذِینَ آمَنُواْ شَهَادَةُ بَیْنِکُمْ إِذَا حَضَرَ أَحَدَکُمُ الْمَوْتُ حِینَ الْوَصِیَّةِ اثْنَانِ ذَوَا عدْلٍ مِّنکُمْ أَوْ آخَرَانِ مِنْ غَیْرِکُمْ [O you who believe! call to witness between you when death draws nigh to one of you, at the time of making the will, two just persons from among you, or two others from among others than you], and I said: "What is meant by أَوْ آخَرَانِ مِنْ غَیْرِکُمْ [or two others from among others than you]?" He said: "What is meant is two disbelievers." And I asked: "What about ذَوَا عدْلٍ مِّنکُمْ [two just persons from among you]?" He said: "Two Muslims."

Imam Sadiq (peace be upon him): Zayd al-Shahham said: I asked Imam Sadiq (peace be upon him) about the verse: یِا أَیُّهَا الَّذِینَ آمَنُواْ شَهَادَةُ بَیْنِکُمْ إِذَا حَضَرَ أَحَدَکُمُ الْمَوْتُ حِینَ الْوَصِیَّةِ اثْنَانِ ذَوَا عدْلٍ مِّنکُمْ أَوْ آخَرَانِ مِنْ غَیْرِکُمْ [O you who believe! call to witness between you when death draws nigh to one of you, at the time of making the will, two just persons from among you, or two others from among others than you]. He said: "What is meant by those two is two disbelievers."

Ibn Abbas (may Allah have mercy on him): The word of Allah مِنْکُمْ [from among you] means from among the Muslims.

Imam Sadiq (peace be upon him): Hisham ibn al-Hakam narrates: Imam Sadiq (peace be upon him) said regarding this verse أَوْ آخَرانِ مِنْ غَیْرِکُمْ [or two others from among others than you]: If a person is in a place where there is no Muslim, then bearing witness to the will by someone who is not a Muslim is permissible.

Imam Ali (peace be upon him): As for the verses whose ta'wil (interpretation) precedes their revelation, they are like the words of Allah the Exalted concerning matters that occurred in the time of the Messenger of Allah (peace be upon him and his family) — matters about which Allah had not sent down any detailed ruling, and about which nothing existed with the Prophet (peace be upon him and his family), and what became obligatory concerning them was not previously known... An example is the hadith of Tamim al-Dari with Ibn Mandi and Ibn Abi Mariya, and what happened to them on a journey. Those two were Christians, and Tamim al-Dari was a man from among the great figures of the Muslims. They went on a journey, and with Tamim al-Dari was a saddlebag containing goods, a vessel engraved with gold, and a necklace of gold, which he took with him to sell in some of the markets of the Arabs. When they left Medina, Tamim fell severely ill, and when death came to him, he handed over everything he had with him to Ibn Mandi and Ibn Abi Mariya and instructed them to deliver it to his family and children. When they arrived in Medina, they took the goods, the vessel, and the necklace. [Tamim's family] asked the two of them: "Was our companion ill for a long time and did he spend much?" The two said: "He was not ill except for a few short days." They asked: "Was anything of his goods stolen during this journey?" They replied: "No, nothing was stolen from him." They asked: "Did he engage in any transaction with you on his journey in which he suffered a loss?" They said: "He did not engage in any transaction." So they said: "We have lost the best thing that was with him — a vessel engraved with gold and a necklace of gold." The two said: "What he handed over to us, we have delivered to you." They brought the two before the Messenger of Allah (peace be upon him and his family), and he obliged them to take an oath, and they swore, and the Prophet (peace be upon him and his family) let them go. Then that vessel and necklace appeared with the two, and the heirs of Tamim came to the Messenger of Allah (peace be upon him and his family) and informed him. As a result, Allah the Mighty and Majestic revealed: يا أَیُّهَا الَّذِینَ آمَنُوا شَهادَةُ بَیْنِکُمْ إِذا حَضَرَ أَحَدَکُمُ الْمَوْتُ حِینَ الْوَصِیَّةِ اثْنانِ ذَوا عَدْلٍ مِنْکُمْ أَوْ آخَرانِ مِنْ غَیْرِکُمْ إِنْ أَنْتُمْ ضَرَبْتُمْ فِی الْأَرْضِ فَأَصابَتْکُمْ مُصِیبَةُ الْمَوْت [O you who believe! Let there be witnesses among you when death draws near to one of you, at the time of making the will — two just persons from among you, or two others from other than you, if you are travelling in the land and the calamity of death befalls you]. So Allah, the Glorified, permitted the testimony of the People of the Book only with regard to a will, when it is on a journey and no Muslim can be found at the time of death. Then Allah the Exalted said: تَحْبِسُونَهُما مِنْ بَعْدِ الصَّلاة [You should detain the two of them after the prayer], meaning the Asr prayer. [And if information is obtained that they have concealed the truth, two others take their place] and they swear by Allah that those two [Muslim witnesses] are more deserving of it — Allah the Exalted means that those two [Muslim witnesses] swear by Allah that they are more deserving of this claim than those two [non-Muslim witnesses], and that the two [non-Muslim] witnesses have lied in what they swore to; وَ لَشَهادَتُنا أَحَقُّ مِنْ شَهادَتِهِما وَ مَا اعْتَدَیْنا إِنَّا إِذاً لَمِنَ الظَّالِمِینَ [and indeed our testimony is more deserving than their testimony, and we have not transgressed, for then we would be among the wrongdoers]. So the Messenger of Allah commanded their heirs to swear by Allah concerning what they claimed, and they swore. When they had sworn, the Messenger of Allah (peace be upon him and his family) took the vessel and the necklace from Ibn Mandi and Ibn Mariya and returned them to the heirs of Tamim. Then Allah the Mighty and Majestic said: ذلِکَ أَدْنی أَنْ یَأْتُوا بِالشَّهادَةِ عَلی وَجْهِها أَوْ یَخافُوا أَنْ تُرَدَّ أَیْمانٌ بَعْدَ أَیْمانِهِمْ وَ اتَّقُوا الله وَ اسْمَعُوا [That is more proper, that they should give testimony in its true form, or fear that other oaths might be taken after their oaths. And fear Allah and listen].

Imam Sadiq (peace be upon him): Yahya ibn Muhammad said: I asked Imam Sadiq (peace be upon him) about this verse: يِا أَیُّهَا الَّذِینَ آمَنُواْ شَهَادَةُ بَیْنِکُمْ إِذَا حَضَرَ أَحَدَکُمُ الْمَوْتُ حِینَ الْوَصِیَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنکُمْ أَوْ آخَرَانِ مِنْ غَیْرِکُمْ [O you who believe! Let there be witnesses between you when death approaches one of you, at the time of the will: two just persons from among yourselves, or two others from other than you]. He said: 'What is meant by اللَّذان مِنْکُم is two Muslims, and by اللَّذان مِنْ غَیرِکم is two persons from the Ahl al-Kitab (People of the Book); and if you do not find anyone from the Ahl al-Kitab, then there is no objection to [taking them] from the Majus (Zoroastrians), because the Messenger of Allah (peace be upon him and his family) established the sunnah of jizya, which is for the Ahl al-Kitab, for the Majus as well. This verse (ruling) concerns the case where a person dies in a foreign land and cannot find a Muslim to bear witness, so he takes two men from the Ahl al-Kitab as witnesses. Then these two are detained after the prayer to swear such an oath: لاَ نَشْتَرِی بِهِ ثَمَنًا وَلَوْ کَانَ ذَا قُرْبَی وَلاَ نَکْتُمُ شَهَادَةَ الله إِنَّا إِذًا لَّمِنَ الآثِمِینَ [We shall not take for it a price, even if he be a near relative, and we shall not conceal the testimony of Allah — for then indeed we would be among the sinners].' He said: 'This is when the guardian of the deceased doubts their testimony. If it becomes clear that they gave false testimony, the guardian of the deceased must not overturn the testimony of those two and act contrary to it, until he brings two other witnesses to take the place of the first two witnesses, and those two swear: لَشَهَادَتُنَا أَحَقُّ مِن شَهَادَتِهِمَا وَمَا اعتَدَیْنَا إِنَّا إِذًا لَّمِنَ الظَّالِمِینَ [Surely our testimony is more truthful than their testimony, and we have not transgressed — for then indeed we would be among the wrongdoers]. When he does this, the testimony of the first two witnesses is nullified and the testimony of the second two witnesses becomes valid. Allah the Mighty and Majestic says: ذَلِکَ أَدْنَی أَن یَأْتُواْ بِالشَّهَادَةِ عَلَی وَجْهِهَا أَوْ یَخَافُواْ أَن تُرَدَّ أَیْمَانٌ بَعْدَ أَیْمَانِهِمْ [That is closer to their giving the testimony in its true form, or their fearing that oaths will be taken after their oaths] (Al-Ma'ida/108).'

Imam al-Rida (peace be upon him): Ahmad ibn Umar said: I asked the Imam (peace be upon him) about the words of Allah the Mighty and Majestic: ذَوا عَدْلٍ مِنْکُمْ أَوْ آخَرانِ مِنْ غَیْرِکُم [two just persons from among you, or two others from other than you]. The Imam said: 'Those two who are from among you are two Muslims, and those two who are from other than you are from the Ahl al-Kitab (People of the Book), and if you do not find [anyone] from the Ahl al-Kitab, then [find them] from the Majus (Zoroastrians); because the Messenger of Allah (peace be upon him and his family) said: "Treat them like the Ahl al-Kitab." And that is when a man dies in a foreign land and does not find two Muslims to take as witnesses; in that case [take] two persons from the Ahl al-Kitab [as witnesses].'

Imam Sadiq (peace be upon him): Hamza ibn Humran said: I asked Imam Sadiq (peace be upon him): 'What is the meaning of this verse: ذَوَا عَدْلٍ مِّنکُمْ أَوْ آخَرَانِ مِنْ غَیْرِکُمْ [two just persons from among you, or two others from other than you]?' He said: 'What is meant by اللَّذان مِنْکُم is two Muslims, and what is intended by اللَّذانِ مِنْ غَیْرِکُم is two persons from the Ahl al-Kitab (People of the Book).' He said: 'And this concerns the case when a Muslim man dies in a foreign land and looks for two Muslim men to be witnesses to his will, but does not find anyone. Then he should take as witnesses two persons from the Ahl al-Kitab who are dhimmis and are approved of by those around them.'

Imam Kazim (peace be upon him): Ibn Fudayl said: I asked Imam Kazim (peace be upon him) about the verse: إِذَا حَضَرَ أَحَدَکُمُ الْمَوْتُ حِینَ الْوَصِیَّةِ اثْنَانِ ذَوَا عَدْلٍ مِنْکُمْ أَوْ آخَرَانِ مِنْ غَیْرِکُمْ [When death approaches one of you, at the time of making the will, two just persons from among you, or two others from other than you]. He said: 'اللَّذانِ مِنْکُم [the two from among you] means two Muslims, and اللَّذانِ مِنْ غَیْرِکُم [the two from other than you] means from Ahl al-Kitab (the People of the Book). So if you do not find anyone from Ahl al-Kitab, then it is also permissible from among the Majus (Zoroastrians); for the Messenger of Allah (peace be upon him and his family) said: Treat them like Ahl al-Kitab. This is when a Muslim dies in a foreign land and does not find two Muslims to be witnesses over his will; so he takes two people from Ahl al-Kitab as witnesses.' Humran narrates that Imam Sadiq (peace be upon him) said: 'اللَّذانِ مِنْ غَیْرِکُم means from Ahl al-Kitab, and this pertains only to when a Muslim dies in a foreign land and wishes for two Muslims to be witnesses over his will, but finds no Muslim. So he must select two people from Ahl al-Kitab who are dhimmis (protected non-Muslims) and with whom those around them are pleased, for the witnessing.'

Imam Baqir (peace be upon him): It is narrated from Imam Baqir (peace be upon him) that regarding this word of Allah: أَوْ آخَرانِ مِنْ غَیْرِکُم [Or two others from other than you] he said: 'The meaning is Ahl al-Kitab (the People of the Book).'

Imam Baqir (peace be upon him): Imam Baqir (peace be upon him) said: 'Whoever's death approaches him while on a journey and he does not find a Muslim to take as a witness, and so takes two dhimmis as witnesses, their testimony regarding the will is permissible, as Allah the Mighty and Majestic said.' And Imam Sadiq (peace be upon him) said: 'Whenever a person's death approaches him in a foreign land where there is no Muslim, and he takes non-Muslim persons as witnesses over his will, those witnesses are put under oath by Allah: We do not bear witness except by the truth, and so-and-so made such-and-such a will. And this is the tafsir of the word of Allah the Mighty and Majestic: اثْنانِ ذَوا عَدْلٍ مِنْکُمْ أَوْ آخَرانِ مِنْ غَیْرِکُم [Two just persons from among you, or two others from other than you] up to where He says: فَیُقْسِمانِ بِالله [Then they shall both swear by Allah]...'

Imam Sadiq (peace be upon him): Mufaddal said: I wrote a letter to Imam Sadiq (peace be upon him), and this reply came from Imam Sadiq (peace be upon him): "As for what follows... And as for what you mentioned, that they consider it permissible for some of them to bear witness for others against those not of their own creed — this is not correct, and it is not the interpretation of this word of Allah, the Mighty and Majestic: یَا أَیُّهَا الَّذِینَ آمَنُوا شَهَادَةُ بَیْنِکُمْ إِذَا حَضَرَ أَحَدَکُمُ الْمَوْتُ حِینَ الْوَصِیَّةِ اثْنَانِ ذَوَا عَدْلٍ مِنْکُمْ أَوْ آخَرَانِ مِنْ غَیْرِکُمْ إِنْ أَنْتُمْ ضَرَبْتُمْ فِی الْأَرْضِ فَأَصَابَتْکُمْ مُصِیبَةُ الْمَوْتِ [O you who believe! When death approaches one of you, at the time of making the will, let the testimony between you be that of two just persons from among you, or of two others from other than you, if you are travelling in the land and the calamity of death befalls you]. This matter is permitted only when a person is travelling and falls into the throes of death; then he selects two just persons of his own creed to bear witness, and if he does not find them, he chooses two others who recite the Qur'an, on condition that they are not from the heirs or close relatives of the deceased. تَحْبِسُونَهُمَا مِنْ بَعْدِ الصَّلَاةِ فَیُقْسِمَانِ بِاللهِ إِنِ ارْتَبْتُمْ لَا نَشْتَرِی بِهِ ثَمَنًا وَلَوْ کَانَ ذَا قُرْبَی وَلَا نَکْتُمُ شَهَادَةَ اللهِ إِنَّا إِذًا لَمِنَ الْآثِمِینَ * فَإِنْ عُثِرَ عَلَی أَنَّهُمَا اسْتَحَقَّا إِثْمًا فَآخَرَانِ یَقُومَانِ مَقَامَهُمَا مِنَ الَّذِینَ اسْتَحَقَّ عَلَیْهِمُ الْأَوْلَیَانِ [You shall detain them both after the prayer, and if you doubt them, they shall both swear by Allah: "We will not sell it for any price, though it be a near relative, nor will we conceal the testimony of Allah, for then indeed we would be among the sinners." Then if it is discovered that the two of them merited sin, then two others shall stand in their place from among those against whom the former two were guilty, the nearest in kin] — meaning from the heirs and close relatives of the deceased — فَیُقْسِمَانِ بِاللهِ لَشَهَادَتُنَا أَحَقُّ مِنْ شَهَادَتِهِمَا وَمَا اعْتَدَیْنَا إِنَّا إِذًا لَمِنَ الظَّالِمِینَ * ذَلِکَ أَدْنَی أَنْ یَأْتُوا بِالشَّهَادَةِ عَلَی وَجْهِهَا أَوْ یَخَافُوا أَنْ تُرَدَّ أَیْمَانٌ بَعْدَ أَیْمَانِهِمْ وَاتَّقُوا اللهَ وَاسْمَعُوا [and they shall swear by Allah: "Certainly our testimony is more worthy than the testimony of those two, and we have not transgressed, for then indeed we would be of the wrongdoers." That is nearer that they should bring the testimony in its true form, or fear that after their oaths, other oaths would be admitted. And fear Allah and listen]."

Imam Rida (peace be upon him): Muhammad ibn Sinan narrates that Imam Rida (peace be upon him) wrote to him in answer to his questions... And in the Book of Allah the Blessed and Exalted it is: اثْنانِ ذَوا عَدْلٍ مِنْکُمْ [two just persons from among you], meaning two just persons from among you Muslims. أَوْ آخَرانِ مِنْ غَیْرِکُم [or two others from other than you], meaning two others from other than you; that is, disbelievers, and like the testimony of children regarding a killing when others than them are not found.

Imam Sadiq (peace be upon him): Halabi said: I asked Imam Sadiq (peace be upon him) about this word of Allah the Mighty and Majestic: إِنِ ارْتَبْتُمْ [if you doubt], and he said: "Whatever exceeds a month is doubt and suspicion."