Al-Ma'idah (5:107)

{فَإِنْ عُثِرَ عَلَىٰ أَنَّهُمَا اسْتَحَقَّا إِثْمًا}

(If it is discovered that they both deserved sin...)

Linguistics of 'Uthūr (Discovery): Al-Layth (may Allah have mercy on him) said: The verb ‘athara (عثر) means to come upon something unexpectedly, something others did not come upon. A‘tharta fulānan ‘alā amrī means you informed him of my affair. ‘Athara al-rajul ‘athratan means he stumbled upon something. The linguists state that the root of ‘athara (discovery) comes from the meaning of stumbling (falling), because one who stumbles only does so upon something they could not see. When he stumbles upon it, he discovers it and sees what it is. Therefore, anyone who discovers a hidden matter is said to have ‘athara upon it. A‘thara ghayrahu means to inform another, as in the verse: {And likewise did We cause them to be found out} (Al-Kahf: 21), meaning We made them known.

Meaning of the Verse: The meaning here is: If discovery and certainty are established that they committed treachery and deserved sin due to the false oath.

{فَآخَرَانِ يَقُومَانِ مَقَامَهُمَا مِمَّنِ اسْتَحَقَّ عَلَيْهِمُ الْأَوْلَيَانِ}

(Then two others shall stand in their place from among those whom the first two wronged...)

Issue 1: Context and Narration The meaning of the verse is: If, after the two executors swore, it is discovered that they committed perjury through false speech or treachery regarding the property, then two men from the deceased's relatives shall stand in their place and swear by Allah that the treachery of the two non-Muslims (Dhimmiyyayn) and their falsehood have become apparent to us, and that we have not transgressed in this matter, nor have we lied.

It is narrated that when the first verse was revealed, the Messenger of Allah (peace be upon him) performed the Asr prayer and summoned Tamim and 'Adiyy. He made them swear by Allah, "There is no god but He," at the pulpit that no treachery was found in this property. When they swore, the Messenger of Allah let them go, but they concealed the vessel for a period. Later, the truth emerged, and they swore again (falsely). It was said that the vessel was found in Mecca.

It is also narrated that when time passed, they revealed the vessel. This reached Banu Sahm, who demanded it from them. They claimed they had bought it from the deceased. They replied, "Did we not tell you that our companion sold nothing?" They said, "We had no proof, so we feared exposure and concealed it." The matter was brought to the Messenger of Allah (peace be upon him), and Allah revealed: {If it is discovered...} (the verse). Then 'Amr ibn al-'As and al-Muttalib ibn Abi Rifā'ah al-Sahmi stood up and swore by Allah after Asr. The Messenger of Allah handed the vessel over to them and to the heirs of the deceased.

After embracing Islam, Tamim al-Dārī used to say: "Allah and His Messenger spoke the truth. I took the vessel, and I repent to Allah." It is reported from Ibn 'Abbas that this incident remained hidden until Tamim al-Dārī embraced Islam. When he became Muslim, he informed them of the matter, saying: "I swore falsely, and my companion and I sold the vessel for a thousand, and we divided the price." He then paid five hundred dirhams from his own wealth, took another five hundred from his companion, and gave the thousand to the deceased's patrons (Mawālī).

Issue 2: Meaning of {مِمَّنِ اسْتَحَقَّ عَلَيْهِمُ الْأَوْلَيَانِ} (from among those whom the first two wronged) This refers to the deceased's patrons (Mawālī). Many scholars have discussed why the deceased's patrons are described with this phrase. The soundest view to me is a single explanation: They are described this way because when their property was taken, they had a right (istiḥqāq) over the two executors regarding their wealth. Whoever takes another's property attempts to establish a claim over that property that supersedes the owner's claim. Thus, it is correct to describe the owner as having a right (mustaḥiqq) over the taker regarding that property.

Issue 3: Grammatical Analysis of {الْأَوْلَيَانِ} (the first two) There are several interpretations:

1. The predicate is omitted: The meaning is: "They are al-awlayān (the first two)." This is because when the verse says, {Then two others shall stand in their place}, it is as if asking, "Who are they?" The answer is: al-awlayān.
2. It is a substitute (Badal) for the pronoun in yaqūmān (they two stand): The meaning is: "And al-awlayān shall stand in their place."
3. It is an adjective (Sifah) for ākharān (two others): Al-Akhfash permitted this. This is because when an indefinite noun is mentioned and then referred to again, it becomes definite. This is like the verse: {like a niche wherein is a lamp} (An-Nūr: 35), where misbāḥ (lamp) is indefinite, then {the lamp} (al-misbāḥ) is mentioned, and then {the glass} (zujājah), and then {the glass} (al-zujājah). Similarly, if you say, "I saw a man," and then say, "One of the men," the reference makes it definite.
4. It is a substitute for ākharān (two others): Substituting a definite noun for an indefinite one is common.

Issue 4: Why they are described as Awlayān (The First/Most Deserving) There are two reasons:

1. Kinship: Al-awlayān means those closest in relation to the deceased.
2. Priority in Swearing: It may mean those most deserving of the oath. The reason is that the two executors claimed the deceased sold the silver vessel. Therefore, the right to swear reverts to the deceased's patrons because the executors claimed their predecessor sold it, while the patrons denied it. Thus, the oath rightfully belongs to them. This is analogous to a person admitting a debt to another but then claiming he has already paid it; the oath is returned to the one who initially claimed the debt because the other has now become the claimant asserting fulfillment.

Issue 5: Recitations of {اسْتَحَقَّ} and {الْأَوْلَيَانِ} The famous recitation by the majority reads istaḥaqqa (استحق) with a ḍammah on the tā’ and a kasrah on the ḥā’ (past tense, singular masculine), and al-awlayān (الأوليان) as the dual of al-awwal (the first). We mentioned its grammatical basis.

Hamzah and 'Āṣim, in the narration of Abū Bakr, recite al-awwalīn (الأولين) in the plural. This is an adjective for all the heirs mentioned in {from among those whom...}. The meaning is: from the first ones over whom their wealth was due. They are called al-awwalīn because they were mentioned first in the text, just as {O you who have believed, testimony between you...} (Al-Mā’idah: 106) was mentioned before {two just men...} (Al-Mā’idah: 106) in terms of the sequence of mention.

Ḥafṣ alone recites al-awlayān (الأوليان) with a fatḥah on the tā’ and ḥā’ (استحقَّ), maintaining the dual form. The justification is that the two executors whose treachery was revealed are more deserving (awlā) than others because the deceased appointed them as executors. When they betrayed the heirs' property, it is correct to say that the heirs have a right over al-awlayān (the two most deserving), meaning the two most deserving ones betrayed their property. Al-Ḥasan recited al-awwalān (الأولان), the justification for which is clear from what preceded.

{فَيُقْسِمَانِ بِاللَّهِ لَشَهَادَتُنَا أَحَقُّ مِنْ شَهَادَتِهِمَا وَمَا اعْتَدَيْنَا إِنَّا إِذًا لَّمِنَ الظَّالِمِينَ}

(Then the two of them shall swear by Allah, "Our testimony is truer than their testimony, and we have not transgressed; indeed, we would then be among the wrongdoers.")

Meaning: The meaning is clear: "And we have not transgressed in demanding this property, nor in attributing treachery to them." And His statement {Indeed, we would then be among the wrongdoers} means: If we swear while being certain of falsehood, believing in falsehood and untruth.

{ذَٰلِكَ أَدْنَىٰ أَن يَأْتُوا بِالشَّهَادَةِ عَلَىٰ وَجْهِهَا أَوْ يَخَافُوا أَن تُرَدَّ أَيْمَانٌ بَعْدَ أَيْمَانٍ وَاتَّقُوا اللَّهَ وَاسْمَعُوا وَاللَّهُ لَا يَهْدِي الْقَوْمَ الْفَاسِقِينَ}

(That is nearer to their coming forward with the testimony in the manner prescribed, or they fear that oaths might be rejected after other oaths. And fear Allah and listen. And Allah does not guide the defiantly disobedient people.)