Al-Ma'idah: 106
"Two [witnesses]..."
The word ithnān (two) is in the nominative case because it is the predicate of the subject implied in shahādatu baynikum (a testimony between you), interpreted as "a testimony between you is the testimony of two." Alternatively, it is the agent of shahādatu baynikum in the sense of "it is incumbent upon you that two should bear witness." Al-Sha'bi recited shahādatu baynikum with tanwīn (indefinite). Al-Hasan recited shahādatan in the accusative with tanwīn, as if saying, "Let two bear witness."
"When death approaches..."
This is an adverbial phrase for the testimony.
"At the time of the bequest..."
This is a substitute for the previous phrase. Its substitution indicates the obligation of the bequest and that it is a necessary matter that a Muslim should not neglect or be heedless of. "Approaching death" means being on the verge of it and the appearance of the signs that one's time has reached its end.
"From among you..."
Meaning from your relatives.
"Or from others..."
Meaning from strangers.
"If you are traveling in the land..."
Meaning if death occurs while traveling and no one from your kin is with you, then call upon two strangers to witness the bequest. Relatives are prioritized because they are more knowledgeable of the deceased's affairs, what is most beneficial for him, and are more sincere toward him.
It is said that "from among you" means from the Muslims, and "from others" means from the People of the Covenant (Ahl al-Dhimmah). Others say this is abrogated, and the testimony of a non-Muslim against a Muslim is not permitted; it was only permitted in the early days of Islam due to the scarcity of Muslims and the difficulty of finding them while traveling. Makhul reported that it was abrogated by the verse: "And bring to witness two just men from among you" (Al-Talaq: 2).
It is narrated that Badil bin Abi Maryam, a client of 'Amr ibn al-'As, went out with 'Adi bin Zayd and Tamim bin Aws—both Christians and merchants—to Syria. Badil fell ill, wrote a document of his belongings, hid it in his luggage without informing his companions, and instructed them to deliver his belongings to his family. He died, and they searched his luggage, found a silver vessel containing three hundred mithqals inlaid with gold, and hid it. Badil's family found the document, demanded the vessel, and the two denied it. They brought the matter to the Messenger of Allah (ﷺ). (Reported by Al-Tirmidhi and Al-Tabari).
"Detain them..."
Meaning, keep them back.
"After the prayer..."
Meaning after the Afternoon ('Asr) prayer, because that is the time people gather. Al-Hasan said it refers to the 'Asr or Dhuhr prayer, as the people of the Hijaz used to sit for judgment after them. In the story of Badil, when this was revealed, the Prophet (ﷺ) prayed 'Asr and called 'Adi and Tamim, and made them swear by the pulpit. They swore, but later the vessel was found in Mecca, and people said, "We bought it from Tamim and 'Adi." It is also said it refers to the prayer of the People of the Covenant, as they venerate the 'Asr prayer.
"If you doubt..."
This is a parenthetical clause between the oath and the object of the oath. The meaning is: if you doubt their integrity and suspect them, then make them swear. If this refers to the two witnesses, then the swearing of witnesses is abrogated; if it refers to the two executors, it is not.
"By Allah..."
The pronoun in bihi (by it) refers to the oath.
"We will not exchange..."
This refers to the object of the oath. It means: we will not exchange the truth of the oath by Allah for a worldly gain—that is, we will not swear falsely for the sake of money, even if the person to whom we are swearing is our relative. This reflects their habit of truthfulness and trustworthiness, as they fall under the verse: "Be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives" (Al-Nisa: 135).
"The testimony of Allah..."
Meaning the testimony that Allah has commanded to be preserved and honored.
"If it is discovered..."
Meaning if it is revealed.
"That they have incurred sin..."
Meaning they have done what necessitates sin and deserve to be called among the sinners.
"Then two others..."
Meaning two other witnesses.
"Shall stand in their place from among those who have a claim against them..."
Meaning from those against whom the sin was committed—the family of the deceased and their kin. In the story of Badil, when the betrayal of the two men was revealed, two men from his heirs swore that it was their companion's vessel and that their testimony was more rightful than the others'.
"The two most entitled..."
The two most rightful to testify due to their kinship and knowledge.
"That is more likely..."
That the witnesses will testify according to the truth of the incident.
"Or [lest] they fear that oaths will be taken..."
That other oaths will be taken by other witnesses after theirs, exposing their lies, as happened in the story of Badil.
"And listen..."
Listen with obedience and acceptance.
