ﳁ ﳂ ﳃ ﳄ ﳅ ﳆ ﳇ ﳈ ﳉ ﳊ ﳋ ﳌ ﳍ ﳎ ﳏ ﳐ ﳑ ﳒ ﳓ ﳔ ﳕ ﳖ ﳗ ﳘ
That is more likely that they will give testimony according to its [true] objective, or [at least] they would fear that [other] oaths might be taken after their oaths. And fear Allah and listen; and Allah does not guide the defiantly disobedient people.
Tafsir
Verse range: 5:108
(That) is a new statement brought forth to clarify that what has been mentioned is a consequence of benefits and in accordance with the requirements of wisdom. It is an indication of the ruling previously detailed; it is said: [it refers] to the swearing-in of the two witnesses; and it is said: [it refers] to the detention after the prayer.
(Is likelier to bring the testimony as it should be) meaning: It is closer to the witnesses performing the testimony according to its reality without altering it, out of fear of the punishment of the Hereafter. This is the wisdom behind the swearing-in that preceded. The first prepositional phrase is linked to "bring," and the second is linked to an omitted term serving as a circumstantial qualifier for "testimony."
His saying—Exalted is He—: (Or fear that oaths will be returned) meaning: to the heirs, so they would take the oath (after their oaths) which they [the witnesses] have sworn. This is a conjunction to an omitted phrase indicated by the context, as if it were said: That is closer to their bringing the testimony verified, and [closer to their] fearing the punishment of the Hereafter due to the lying oath which is forbidden in all religions, or fearing that the oaths will be returned to the heirs, so they [the heirs] will swear and take what is in their [the witnesses'] hands, and thus they [the witnesses] will be disgraced before witnesses, and they will be deterred from betrayal. This is a clarification of the legal wisdom behind the "standing of the others." Whichever of these two fears occurs, the intended goal—which is the bringing of the testimony as it should be—is achieved.
It is said: It is a conjunction to "(that) they bring," meaning: that ruling which we have mentioned is closer to them bringing the testimony as it should be than what you used to do, and closer to the fear of scandal. Al-Shihab made this conjunction similar to his saying: "I fed her straw and cold water." Al-Samin permitted "or" to have the meaning of "and," just as he permitted it to be for one of the two things as is its original usage, so reflect on this.
The plural pronoun in "they bring" and "they fear"—according to what is said—is because the intended meaning is what encompasses the two mentioned witnesses and others among the rest of the people. The prepositional phrase "after their oaths" is linked to "returned," as is apparent. Al-Samin permitted—though it is weak—that it be linked to an omitted term serving as an adjective for "oaths."
(Fear Allah) regarding the violation of His rulings, among which is what has been mentioned. The sentence, as it is said, is a conjunction to an omitted phrase, meaning: Safeguard the rulings of Allah, the Glorified, and fear Him. (And listen) with the hearing of response and acceptance of all that you are commanded to do. (And Allah does not guide the defiantly disobedient people).
This is a concluding sentence for what preceded. The meaning is: If you do not fear [Allah] and listen, you will be defiantly disobedient, exiting from obedience, and Allah—the Exalted—does not guide the people who exit from His obedience to what benefits them, or to the path of Paradise.
