Surah Al-Ma'idah (5:105-106)

Issues Discussed:

After Allah mentioned various injunctions, laws, and rulings, and then stated that the Messenger's duty is only to convey the message (5:99), followed by the description of those who refuse the call to what Allah revealed, saying, "Sufficient for us is that upon which we found our fathers" (5:104)—it is as if Allah is saying: Despite all the emphasis on warnings, exhortations, encouragement, and deterrence, these ignorant people have not benefited; they remain insistent on their ignorance, folly, and misguidance.

Therefore, O believers, do not concern yourselves with their ignorance and misguidance. Instead, be obedient to Allah's commands and prohibitions. Their straying and ignorance will not harm you. This is why He said: {Those who have gone astray will not harm you when you have been guided.}

This means: Guard yourselves against engaging in sins and persisting in wrongdoing.

Grammarians state that ‘alayka (عَلَيْكَ), ‘indaka (عِنْدَكَ), and dūnaka (دُونَكَ) are types of verbal nouns (or imperative nouns). Arabs use them to replace a verb, taking an object in the accusative case. For example, ‘alayka Zayd (عَلَيْكَ زَيْدًا) means "Take Zayd, for he has approached you." ‘Indaka Zayd (عِنْدَكَ زَيْدًا) means "Zayd is present, so take him." Dūnaka (دُونَكَ) means "He is near you, so take him." Grammarians agree on allowing the accusative case with these three words. The author of Al-Kashshāf reported that Nafi' recited it as ‘alaykum anfusukum (عَلَيْكُمْ أَنفُسَكُمْ) with the nominative case (for anfusukum).

Several views are mentioned:

1. Al-Kalbī narrated from Abī Ṣāliḥ from Ibn ‘Abbās: When the Prophet (PBUH) accepted the jizyah (poll tax) from the People of the Book but demanded Islam or the sword from the Arabs, the hypocrites criticized the believers for accepting jizyah from some disbelievers but not others. This verse was revealed, meaning: The blame of the blamers will not harm you if you are upon guidance.
2. The believers were distressed by the persistence of the disbelievers in their disbelief and error. They were told: Focus on your own selves and what you are commanded regarding reforming them and walking the path of guidance. The straying of the misguided and the ignorance of the ignorant will not harm you.
3. They were grieving for their relatives who died upon disbelief, and they were forbidden from this grief.

My preferred view: Since the preceding verse mentioned that when they were called to what Allah revealed, they said, "Sufficient for us is that upon which we found our fathers" (5:104), this verse was revealed to clarify that believers should not imitate this corrupt path. Rather, they must remain firm in their religion, knowing that the ignorance of those ignorant people will not harm them if they are firmly established in their faith.

If it is argued that the apparent meaning of this verse implies that enjoining good and forbidding evil is not obligatory:

We answer with several points:

1. The Majority View: The verse does not negate the obligation. Rather, it affirms that a person obedient to his Lord will not be held accountable for the sins of the disobedient. The obligation of enjoining good and forbidding evil is established by other proofs. Abū Bakr Al-Ṣiddīq (may Allah be pleased with him) gave a sermon saying: "You recite this verse, {Upon you are your own selves}, and place it where it does not belong. I heard the Messenger of Allah (PBUH) say: 'When people see evil and do not forbid it, Allah is about to encompass them all with punishment.'"
2. Interpretation by Ibn Mas‘ūd and Ibn ‘Umar: This command applies to the end of time. Ibn Mas‘ūd said when this verse was recited to him: "This is not its time. As long as your hearts are united, you have not split into factions, and some of you have not tasted the might of others, you must enjoin good and forbid evil. But when hearts and desires become divided, and you split into factions, and each person is entrusted to himself, then the meaning of this verse comes into effect." (This view is weak in my opinion because the preceding statement, "That is because those who disbelieved..." is a general address, and it addresses those present, so how can the present be excluded and the absent specified?)
3. View of ‘Abdullāh ibn al-Mubārak: This is the strongest verse establishing the obligation of enjoining good and forbidding evil. He interpreted {Upon you are your own selves} as: Focus on your own people (believers) and do not let the straying of the disbelievers involve you. This is like His saying, {Then kill yourselves} (2:54), meaning those of your own community. Thus, {Upon you are your own selves} means that you should admonish one another, encourage each other toward good deeds, and deter each other from ugly deeds and sins. This is reinforced by our previous explanation that {Upon you are your own selves} means guarding yourselves, which implies the obligation of enjoining good and forbidding evil if that guarding cannot be achieved otherwise.
4. Specific Exception for Disbelievers: The verse is specific to disbelievers whose admonition is known to be useless and who will not abandon disbelief due to enjoining good. In such cases, it is not obligatory for a person to enjoin good upon them. This is supported by the context mentioned in the reason for revelation: the verse was revealed concerning the hypocrites who criticized the Muslims for taking jizyah from the People of the Book but not the polytheists.
5. Exception Due to Fear: The verse is specific to situations where a person fears for their life, honor, or wealth when enjoining good and forbidding evil. In such cases, focus on your own self; the straying or ignorance of others will not harm you. Ibn Shubrumah used to say: "Whoever flees from two things has fled; whoever flees from three has not fled." (The context implies that fleeing from harm to oneself, one's family, and one's property is permissible.)
6. Conditional Guidance: {will not harm you when you have been guided} means that if you enjoin good and forbid evil, the straying of those who do not accept will not harm you.
7. Fulfilling Duty: {Upon you are your own selves} means fulfilling your obligations, which include enjoining good when capable. If they do not accept, you should not be distressed, as you have fulfilled your obligation, and the straying of others will not harm you.
8. Analogy to the Prophet: Allah said to His Prophet (PBUH), {Fight in the way of Allah; you are not tasked except with yourself} (4:84). This does not negate the obligation of enjoining good upon the Prophet, and similarly here.

It is recited with a sukūn (jussive) on the rā’ (يَضُرُّكُمْ) as the response to the command {Upon you are your own selves}. It is also recited with a ḍammah on the rā’. There are two possibilities for the ḍammah:

1. As a statement (indicative mood): Meaning, "Those who have gone astray do not harm you."
2. The original form should have been fatḥah (jussive response), but the rā’ was vocalized with a ḍammah to follow the ḍammah of the preceding letter ḍād (يَضُرُّ).

This means your destination, and the destination of those who opposed you, is Allah, and He will recompense you for your deeds.

Surah Al-Ma'idah (5:106)

After commanding the preservation of the self (5:105), Allah commands the preservation of wealth through establishing testimony for the will (bequest).

It is unanimously agreed that the reason for revelation concerns Tamīm al-Dārī and his brother ‘Adī, who were Christians. They traveled to Syria for trade with Budayl ibn ‘Amr ibn al-‘Āṣ, who was a Muslim emigrant. When Budayl fell ill in Syria, he wrote down an inventory of all his possessions and hid it among the fabrics, without informing his companions. He then made his will to Tamīm and ‘Adī, instructing them to deliver his property to his family upon their return. When Budayl died, they took a silver vessel engraved with gold, weighing 300 mithqāl, and delivered the rest of the property to his family. Upon inspection, the inventory was found, which mentioned the vessel. They asked Tamīm and ‘Adī about the vessel, and they replied they did not know, claiming they delivered everything given to them. The matter was brought before the Messenger of Allah (PBUH), and this verse was revealed.

{Testimony among you} (شَهَادَةُ بَيْنِكُمْ): This refers to the testimony concerning the matter between you. The phrase "between you" (بَيْنِكُمْ) is a metaphor for dispute and contention, as witnesses are only needed when a dispute arises. Deleting mā (مَا) from {testimony between you} is permissible due to its clarity, similar to {This is a separation between me and you} (18:78) (meaning: what is between me and you), and the reading of {Indeed, what is between you has been cut off} (6:94) in the accusative case.

{When death approaches one of you at the time of the bequest} (إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ): This means the testimony required when death is imminent, at the time of making the will. Ḥīn al-waṣiyyah (at the time of the bequest) is an adverbial phrase modifying idhā ḥaḍara (when approaches), because the time death approaches is the time the bequest is made. This is known by these two concurrent events, similar to saying, "Come to me when the sun declines, at the time of the Dhuhr prayer." Approaching death means its imminent arrival and the appearance of its signs, as in {Prescribed for you, when death approaches one of you, if he leaves wealth, is the bequest} (2:180).

Some scholars argue that the phrase {when death approaches one of you at the time of the bequest} indicates the obligation of making a will, because Allah made the time of approaching death distinct from the time of the bequest, which implies they are necessarily linked, and this linkage only occurs when the bequest is obligatory.

There is an omission in the verse. The meaning is: Let two just men from among you testify. The structure is: The testimony concerning the matter between you at the time of approaching death (as described) is that two just men from among you testify. This omission is acceptable because the meaning is understood.

The commentators differ on the meaning of {from among you}:

1. The Majority View (Ibn ‘Abbās, Abū Mūsā al-Ash‘arī, Sa‘īd ibn Jubayr, Sa‘īd ibn al-Musayyab, Sharīḥ, Mujāhid, Ibn Sīrīn, Ibn Jurayj): It means two just men from among you, O assembly of believers, i.e., from your own religion and community.
   • Then, {or two others from outside your people} (أَوْ ءَاخَرَانِ مِن غَيْرِكُمْ) means two others from outside your religion and community if you are traveling and death befalls you.
   • Thus, the two just Muslim witnesses are valid for testimony both in residence and travel. If a Muslim is abroad and cannot find a Muslim witness for his will, it is permissible to have a Jew, Christian, Magian, idolater, or any disbeliever testify, and their testimony is accepted. However, the testimony of disbelievers is not accepted against Muslims except in this specific case.
   • Al-Sha‘bī narrated that a Muslim man fell ill while traveling and found no Muslim to witness his will, so he made two People of the Book his witnesses. When they returned to Kufa, they informed Abū Mūsā al-Ash‘arī, who was the governor. Abū Mūsā said this ruling had not occurred during the Prophet's time. He then made them swear an oath after the Asr prayer in the Kufa mosque that they had not lied or altered anything, and he upheld their testimony.
   • Some who hold this view say this ruling remains valid, while others say it was abrogated.

2. The Second View (Al-Ḥasan and Al-Zuhri): {Two just men from among you} means from your relatives. {or two others from outside your people} means from strangers, if you are traveling and death befalls you while none of your relatives are present. Relatives are mentioned first because they know the deceased's affairs best, are more compassionate toward him, and kinder to his heirs.

Arguments for the First View (Testimony of Non-Muslims in Travel):

1. The verse begins with a general address to all believers (يَا أَيُّهَا الَّذِينَ آمَنُوا), so {or two others from outside your people} must mean two others from all believers.
2. The permission to accept the testimony of these two others is conditional upon the testator being a traveler ({if you strike out in the land}). If these two witnesses were Muslims, their testimony would be permissible in both residence and travel, not conditional upon travel.
3. The verse mandates an oath for these two witnesses after the prayer. Muslims agree that an oath is not required for a Muslim witness, proving these two witnesses are not Muslims.
4. The reason for revelation involved the testimony of two Christians regarding Budayl, who was a Muslim.
5. Abū Mūsā al-Ash‘arī ruled based on the testimony of two Jews after they swore an oath, and none of the Companions objected, implying consensus (ijmā‘).
6. We permit the testimony of disbelievers only when no Muslim is found. Necessity permits what is normally forbidden (e.g., tayammum, shortening prayer, breaking the fast, eating carrion). Necessity exists here because a Muslim dying abroad without a Muslim witness risks losing much of his property (unpaid zakāt, expiations, trusts, or debts). Similarly, women's testimony is accepted for matters specific to them (menstruation, pregnancy, childbirth) due to necessity, as men cannot witness these.

Rebuttal to Abrogation: The view that this ruling is abrogated is weak, as the majority of the Ummah agrees that Sūrat al-Mā’idah is among the last revealed Surahs and contains no abrogated verses.

Argument for the Second View: They cite {And have two just men from among you witness} (65:2), arguing that a disbeliever cannot be considered ‘adl (just).

The First Group's Response: Why can ‘adl not mean someone who is just in refraining from lying, rather than just in religious belief? We accept the testimony of people of innovation and heresy, even if they are not just in their doctrines, because they are just in avoiding falsehood. Similarly here, we concede the disbeliever is not ‘adl in faith, but the verse in Sūrat al-Mā’idah is specific, while the verse in Sūrat al-Ṭalāq is general. The specific ruling (accepting non-Muslims in travel necessity) takes precedence over the general ruling, especially since Sūrat al-Mā’idah was revealed later.

{or two others} (أَوْ ءَاخَرَانِ) is connected to {two} (اثْنَانِ). The meaning is: Let two men from among you testify, or two others from outside your people.

{if you strike out in the land and affliction of death befalls you} (إِنْ أَنتُمْ ضَرَبْتُمْ فِي الْأَرْضِ فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ): This clarifies that the permissibility of accepting testimony from others is conditional upon the testator being a traveler (striking out in the land) and the signs of approaching death appearing.

{You detain them both} (تَحْبِسُونَهُما): You stop them, as one says, "So-and-so passed by me on a horse, and I detained his mount," meaning I stopped it. I stopped the man on the road to speak with him.

The position of this phrase: It is a new, independent clause, as if saying: What if suspicion arises regarding them? The answer is: You detain them both.

1. Ibn ‘Abbās: After the prayer of their own religion.
2. The Majority: After the ‘Aṣr (afternoon) prayer.

How is the specification of ‘Aṣr known when the text says "the prayer" (general)?

1. This time was known among them for administering oaths. Specifying it by the well-known custom suffices without explicit wording.
2. It is narrated that when this verse was revealed, the Prophet (PBUH) performed the ‘Aṣr prayer, then summoned Tamīm and ‘Adī, and made them swear the oath by the pulpit. The Prophet's action serves as evidence for this specification.
3. All religious groups revere this time for remembrance of Allah and are cautious about false oaths. People of the Book pray at sunrise and sunset.

3. Al-Ḥasan: After Dhuhr or after ‘Aṣr, as the people of Ḥijāz used to convene for judgment after these two prayers.
4. Another View: After performing any prayer. The reason for swearing after establishing prayer is that prayer restrains from immorality and wrongdoing, making the oath-taker's restraint from falsehood more complete and perfect at that time.

Al-Shāfi‘ī said: Oaths are intensified concerning blood money, divorce, manumission, and wealth reaching 200 dirhams (depending on time and place). The oath should be taken after ‘Aṣr prayer: in Mecca between the Corner (Black Stone) and the Maqām (Station of Abraham); in Medina by the Prophet's Pulpit; in Jerusalem by the Rock; and in other cities in the most honored mosque.

Abū Ḥanīfah said: The oath is taken without restriction to a specific time or place. This contradicts the verse, as the purpose is to instill awe and reverence. What Al-Shāfi‘ī mentioned is stronger.

The fā’ in {Then the two of them shall swear by Allah} (فَيُقْسِمَانِ بِاللَّهِ) is for consequence (the result of detaining them). They are made to swear because they were detained.

{if you are in doubt} (إِنْ ارْتَبْتُمْ): This is an interjection between the oath and what is sworn to. It means: If you suspect them and doubt their claim, then make them swear. This is used by those who hold the verse concerns the testimony of disbelievers, as swearing an oath is not legislated for a Muslim witness. Those who say the verse concerns Muslims argue it was abrogated. It is narrated from ‘Alī (may Allah be pleased with him) that he used to make the witness and the narrator swear if suspicion arose.

{We will not sell it for a price} (لَا نَشْتَرِي بِهِ ثَمَنًا): They swear by Allah that they will not sell the covenant of Allah for anything in this world, saying, "We will not sell it for a price." This is like {Indeed, those who trade the covenant of Allah and their oaths for a little price} (3:77), meaning they do not take or exchange. Whoever sells something has bought its price.

{even if he were a near relative} (وَلَوْ كَانَ ذَا قُرْبَى): Meaning, we will not sell the covenant of Allah for anything in this world, even if that thing were a gift to a relative or the relative himself. The relative is mentioned specifically because the inclination toward them is stronger, and leniency due to them is greater. This is like {Be steadfast witnesses for Allah in justice, even if it be against yourselves, or your parents or your relatives} (4:135).

This is connected to {We will not sell it for a price}. They swear while saying: We will not sell it for a price, {and we will not conceal the testimony of Allah} (وَلَا نَكْتُمُ شَهَادَةَ اللَّهِ), meaning the testimony that Allah commanded to be preserved and revealed.

It is narrated that Al-Sha‘bī paused at the word {testimony} (شَهَادَة) and then began the next word with an elongated alif (أَللهُ), omitting the letter of the oath and substituting the alif of interrogation for it. It is also narrated without elongation, following Sibawayh's view that some Arabs say, "Allāh, indeed such-and-such happened," meaning Wallāhi (By Allah).

{Indeed, in that case, we would be among the sinful} (إِنَّا إِذًا لَّمِنَ الْآثِمِينَ): Meaning, if we concealed it, we would be among the sinful.

(The translation ends here as the source text provided stops at the beginning of this verse's explanation.)