5:106

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ شَهَٰدَةُ بَيۡنِكُمۡ إِذَا حَضَرَ أَحَدَكُمُ ٱلۡمَوۡتُ حِينَ ٱلۡوَصِيَّةِ ٱثۡنَانِ ذَوَا عَدۡلٖ مِّنكُمۡ أَوۡ ءَاخَرَانِ مِنۡ غَيۡرِكُمۡ إِنۡ أَنتُمۡ ضَرَبۡتُمۡ فِي ٱلۡأَرۡضِ فَأَصَٰبَتۡكُم مُّصِيبَةُ ٱلۡمَوۡتِۚ تَحۡبِسُونَهُمَا مِنۢ بَعۡدِ ٱلصَّلَوٰةِ فَيُقۡسِمَانِ بِٱللَّهِ إِنِ ٱرۡتَبۡتُمۡ لَا نَشۡتَرِي بِهِۦ ثَمَنٗا وَلَوۡ كَانَ ذَا قُرۡبَىٰ وَلَا نَكۡتُمُ شَهَٰدَةَ ٱللَّهِ إِنَّآ إِذٗا لَّمِنَ ٱلۡأٓثِمِينَ

Ya ayyuha allatheena amanoo shahadatu baynikum itha hadara ahadakumu almawtu heena alwasiyyati ithnani thawa AAadlin minkum aw akharani min ghayrikum in antum darabtum fee alardi faasabatkum museebatu almawti tahbisoonahuma min baAAdi alssalati fayuqsimani biAllahi ini irtabtum la nashtaree bihi thamanan walaw kana tha qurba wala naktumu shahadata Allahi inna ithan lamina alathimeena

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."

Word by word
  1. يَـٰٓأَيُّهَاO you
  2. ٱلَّذِينَwho
  3. ءَامَنُواْbelieve
  4. شَهَٰدَةُ(Take) testimony
  5. بَيۡنِكُمۡamong you
  6. إِذَاwhen
  7. حَضَرَapproaches
  8. أَحَدَكُمُone of you
  9. ٱلۡمَوۡتُ[the] death
  10. حِينَ(at the) time (of making)
  11. ٱلۡوَصِيَّةِ[the] a will
  12. ٱثۡنَانِtwo
  13. ذَوَاmen
  14. عَدۡلٖjust
  15. مِّنكُمۡamong you
  16. أَوۡor
  17. ءَاخَرَانِtwo others
  18. مِنۡfrom
  19. غَيۡرِكُمۡother than you
  20. إِنۡif
  21. أَنتُمۡyou
  22. ضَرَبۡتُمۡ(are) travel (ing)
  23. فِيin
  24. ٱلۡأَرۡضِthe earth
  25. فَأَصَٰبَتۡكُمthen befalls you
  26. مُّصِيبَةُcalamity
  27. ٱلۡمَوۡتِۚ(of) [the] death
  28. تَحۡبِسُونَهُمَاDetain both of them
  29. مِنۢfrom
  30. بَعۡدِafter
  31. ٱلصَّلَوٰةِthe prayer
  32. فَيُقۡسِمَانِand let them both swear
  33. بِٱللَّهِby Allah
  34. إِنِif
  35. ٱرۡتَبۡتُمۡyou doubt
  36. لَاNot
  37. نَشۡتَرِيwe will exchange
  38. بِهِۦit for
  39. ثَمَنٗاa price
  40. وَلَوۡeven if
  41. كَانَhe is
  42. ذَا(of)
  43. قُرۡبَىٰa near relative
  44. وَلَاand not
  45. نَكۡتُمُwe will conceal
  46. شَهَٰدَةَtestimony
  47. ٱللَّهِ(of) Allah
  48. إِنَّآIndeed,we
  49. إِذٗاthen
  50. لَّمِنَ(will) surely (be) of
  51. ٱلۡأٓثِمِينَthe sinners
Al-Ma'idah · 5:106Madinah

Even for a relative, we will not sell our oath.

Witnessing a dying person's wishes faithfully


At a deathbed on a journey
a dying travellermaking a bequest
trusts
two witnessesjust and upright
who swear
no price for itnot even for family
Whose testimony
mine to shapea little bend for family
Allah's testimonywe will not hide it

The verse covers a hard moment: death approaching on a journey, a will being made, two witnesses present. If doubted, they swear after the prayer: we will not exchange this for any gain, even for a near relative, and we will not hide the testimony of Allah. Ibn Kathir notes it is called Allah's testimony to show how much it is worth.

Your uncle is dying. He tells you, quietly, what he wants done with his savings. Later, the family argues, and your side would gain if you remembered it a little differently. A small bend for family feels almost loyal. The verse says: not even for family.

Bending the truth a little to help my family is loyalty.

What I witness is a trust from Allah. I will not trade it, even for family.

Try this

If you are holding anyone's wishes or words in trust, write them down accurately today.

Simplified reflection. Read the tafsir for scholarship.draft
Tafsir Ibn Kathir

O you who believe! When death approaches any of you, and you make a bequest, then take the testimony of two just men of your own folk or two others from outside, if you are traveling through the land and the calamity of death befalls you. Detain them both after the Salah (the prayer), (then) if you are in doubt (about their truthfulness), let them both swear by Allah (saying): "We wish not for any worldly gain in this, even though he (the beneficiary) be our near relative. We shall not hide the testimony of Allah, for then indeed we should be of the sinful. (106)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 that of both of them, and that we have not trespassed (the truth), for then indeed we should be of the wrongdoers. (107)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 (108)

Testimony of Two Just Witnesses for the Final Will and Testament

This honorable Ayah contains a glorious ruling from Allah. Allah's statement,

يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ 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 آخَرَانِ 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 فِي الْأَرْضِ

(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 الصَّلَاةِ

(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,

لَا نَشْتَرِي بِهِ

(We wish not in this) in our vows, according to Muqatil bin Hayyan,

ثَمَنًا 

(for any worldly gain) of this soon to end life,

وَلَوْ كَانَ ذَا قُرْبَىٰ

(even though he be our near relative.) meaning, if the beneficiary be our near relative, we will still not compromise on the truth.

وَلَا نَكْتُمُ شَهَادَةَ 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,

إِنَّا إِذًا لَّمِنَ الْآثِمِينَ

(for then indeed we should be of the sinful.) if we distort the testimony, change, alter or hide it entirely. Allah said next,

فَإِنْ عُثِرَ عَلَىٰ أَنَّهُمَا اسْتَحَقَّا إِثْمًا

(If it then becomes known that these two had been guilty of sin...) if the two witnesses were found to have cheated or stolen from the money that the will is being written about,

يَقُومَانِ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الْأَوْلَيَانِ

(let two others stand forth in their places, nearest in kin from among those who claim a lawful right.)

This Ayah indicates that if the two witnesses were found to have committed treachery, then two of the nearest rightful inheritors should stand for witness in their place,

فَيُقْسِمَانِ بِاللَّهِ لَشَهَادَتُنَا أَحَقُّ مِن شَهَادَتِهِمَا

(Let them swear by Allah (saying): "We affirm that our testimony is truer than that of both of them...") Meaning, our testimony that they have cheated is more truthful than the testimony that they have offered,

وَمَا اعْتَدَيْنَا

(and that we have not trespassed (the truth),) when we accused them of treachery,

إِنَّا إِذًا لَّمِنَ الظَّالِمِينَ

(for then indeed we should be of the wrongdoers.) if we had lied about them.

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. Allah's statement,

ذَٰلِكَ أَدْنَىٰ أَن يَأْتُوا بِالشَّهَادَةِ عَلَىٰ وَجْهِهَا

(That should make it closer (to the fact) that their testimony would be in its true nature and shape (and thus accepted),) means, 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. Allah's statement,

 أَوْ يَخَافُوا أَن تُرَدَّ أَيْمَانٌ بَعْدَ أَيْمَانِهِمْ

(or else they would fear that (other) oaths would be admitted after their oaths.) 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. This is why Allah said,

 أَوْ يَخَافُوا أَن تُرَدَّ أَيْمَانٌ بَعْدَ أَيْمَانِهِمْ

(or else they would fear that (other) oaths would be admitted after their oaths.), then,

وَاتَّقُوا اللَّهَ

(And have Taqwa of Allah) in all of your affairs,

وَاسْمَعُوا

(and listen.) and obey,

وَاللَّهُ لَا يَهْدِي الْقَوْمَ الْفَاسِقِينَ

(And Allah guides not the rebellious people.) who do not obey Him or follow His Law.