Аль-Маида 5:100–108

قُلْ

(Say,) O Muhammad ,

لاَّ يَسْتَوِى الْخَبِيثُ وَالطَّيِّبُ وَلَوْ أَعْجَبَكَ

(Not equal are the bad things and the good things, even though they may please you) O human,

كَثْرَةُ الْخَبِيثِ

(the abundance of bad.) This Ayah means, the little permissible is better than the abundant evil.

فَاتَّقُواْ اللَّهَ يأُوْلِى الأَلْبَبِ

(have Taqwa of Allah, O men of understanding...) who have sound minds, avoid and abandon the impermissible, and let the permissible be sufficient for you,

لَعَلَّكُمْ تُفْلِحُونَ

(in order that you may be successful.) in this life and the Hereafter. " So have Taqwa of Allah, O men of understanding in order that you may be successful.) (101. O you who believe! Ask not about things which, if made plain to you, may cause you trouble. But if you ask about them while the Qur'an is being revealed, they will be made plain to you. Allah has forgiven that, and Allah is Oft-Forgiving, Most Forbearing.) (102. Before you, a community asked such questions, then on that account they became disbelievers.) Allah says to His Messenger ,

قُلْ

(Say,) O Muhammad ,

لاَّ يَسْتَوِى الْخَبِيثُ وَالطَّيِّبُ وَلَوْ أَعْجَبَكَ

(Not equal are the bad things and the good things, even though they may please you) O human,

كَثْرَةُ الْخَبِيثِ

(the abundance of bad.) This Ayah means, the little permissible is better than the abundant evil.

فَاتَّقُواْ اللَّهَ يأُوْلِى الأَلْبَبِ

(have Taqwa of Allah, O men of understanding...) who have sound minds, avoid and abandon the impermissible, and let the permissible be sufficient for you,

لَعَلَّكُمْ تُفْلِحُونَ

(in order that you may be successful.) in this life and the Hereafter.

Unnecessary Questioning is Disapproved of

Allah said next,

يأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَسْأَلُواْ عَنْ أَشْيَآءَ إِن تُبْدَ لَكُمْ تَسُؤْكُمْ

(O you who believe! Ask not about things which, if made plain to you, may cause you trouble.) This Ayah refers to good conduct that Allah is teaching His believing servants, by forbidding them from asking about useless things. Since if they get the answers they sought, they might be troublesome for them and difficult on their ears. Al-Bukhari recorded that Anas bin Malik said, "The Messenger of Allah gave a speech unlike anything I heard before. In this speech, he said,

«لَو تَعْلَمُونَ مَا أَعْلَمُ، لَضَحِكْتُمْ قَلِيلًا، وَلَبَكَيْتُمْ كَثِيرًا»

(If you but know what I know, you will laugh little and cry a lot.) The companions of Allah's Messenger ﷺ covered their faces and the sound of crying was coming out of their chests. A man asked, `Who is my father' The Prophet said, `So-and-so'. This Ayah was later revealed,

لاَ تَسْأَلُواْ عَنْ أَشْيَآءَ

(Ask not about things...)." Muslim, Ahmad, At-Tirmidhi and An-Nasa'i recorded this Hadith. Ibn Jarir recorded that Qatadah said about Allah's statement,

يأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَسْأَلُواْ عَنْ أَشْيَآءَ إِن تُبْدَ لَكُمْ تَسُؤْكُمْ

(O you who believe! Ask not about things which, if made plain to you, may cause you trouble.) Anas bin Malik narrated that once, the people were questioning the Messenger of Allah ﷺ until they made him angry. So he ascended the Minbar and said,

«لَا تَسْأَلُونِي الْيَوْمَ عَنْ شَيْءٍ إِلَّا بَيَّنْتُهُ لَكُم»

(You will not ask me about anything today but I will explain it to you.) So the Companions of the Messenger of Allah ﷺ feared that it was the commencement of a momentous event, and I looked to my right and left and found only people who covered their faces, crying. An argumentative man who was said to be the son of someone other than his true father asked, "O Allah's Messenger! Who is my father The Prophet said, `Your father is Hudhafah." `Umar stood up (when he saw anger on the Prophet's face) and said, "We accept Allah as our Lord, Islam as our religion and Muhammad as our Messenger, I seek refuge with Allah from the evil of the Fitan (trials in life and religion)." The Messenger of Allah ﷺ said,

«لَمْ أَرَ فِي الْخَيْرِ وَالشَّرِّ كَالْيَومِ قَطُّ، صُوِّرَتْ لِي الجَنَّةُ وَالنَّارُ حَتَّى رَأَيْتُهُمَا دُونَ الْحَائِط»

(I have never witnessed both goodness and evil like I have today. Paradise and the Fire were shown to me and I saw them before that wall.) This Hadith was recorded in the Two Sahihs from Sa`id. Al-Bukhari recorded that Ibn `Abbas said, "Some people used to question the Messenger of Allah ﷺ to mock him. One of them would ask, `Who is my father,' while another would ask, `Where is my camel,' when he lost his camel. Allah sent down this Ayah about them,

يأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَسْأَلُواْ عَنْ أَشْيَآءَ إِن تُبْدَ لَكُمْ تَسُؤْكُمْ

(O you who believe! Ask not about things which, if made plain to you, may cause you trouble...)." Imam Ahmad recorded that `Ali said, "When this Ayah was revealed,

وَللَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَعَ إِلَيْهِ سَبِيلاً

(And Hajj to the House is a duty that mankind owes to Allah, those who can bear the journey.)3:97, they asked, `O Allah's Messenger! Is it required every year' He did not answer them, and they asked again, `Is it every year' He still did not answer them, so they asked, `Is it every year' He said,

«لَا، وَلَوْ قُلْتُ: نَعَمْ لَوَجَبَتْ وَلَوْ وَجَبَتْ لَمَا اسْتَطَعْتُم»

(No, and had I said `yes', it would have become obligated, and had it become obligated, you would not be able to bear it.) Allah sent down,

يأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَسْأَلُواْ عَنْ أَشْيَآءَ إِن تُبْدَ لَكُمْ تَسُؤْكُمْ

(O you who believe! Ask not about things which, if made plain to you, may cause you trouble.)." At-Tirmidhi and Ibn Majah also recorded this Hadith. The apparent wording of this Ayah indicates that we are forbidden to ask about things that if one has knowledge of, he would be sorry he had asked. Consequently, it is better to avoid such questions. rAllah's statement,

وَإِن تَسْأَلُواْ عَنْهَا حِينَ يُنَزَّلُ الْقُرْءَانُ تُبْدَ لَكُمْ

(But if you ask about them while the Qur'an is being revealed, they will be made plain to you.) means, if you ask about things that you are prohibited from asking about, then when the revelation about them comes to the Messenger , they will be made plain for you,

وَذَلِكَ عَلَى اللَّهِ يَسِيرٌ

(Verily! That is easy for Allah.) Allah said next,

عَفَا اللَّهُ عَنْهَا

(Allah has forgiven that,) what you did before this,

وَاللَّهُ غَفُورٌ حَلِيمٌ

(and Allah is Oft-Forgiving, Most Forbearing.) Do not ask about things that do not have a ruling yet, for because of your questions, a difficult ruling may be ordained. A Hadith states,

«أَعْظَمُ الْمُسْلِمِينَ جُرْمًا مَنْ سَأَلَ عَنْ شَيْءٍ لَمْ يُحَرَّمْ، فَحُرِّمَ مِنْ أَجْلِ مَسْأَلَتِه»

(The worst criminal among the Muslims is he who asks if a matter is unlawful (or not), and it becomes unlawful because of his asking about it.) It is recorded in the Sahih that the Messenger of Allah ﷺ said,

«ذَرُونِي مَا تَرَكْتُكُمْ، فَإِنَّمَا أَهْلَكَ مَنْ كَانَ قَبْلَكُمْ كَثْرَةُ سُؤَالِهِمْ وَاخْتِلَافُهُمْ عَلَى أَنْبِيَائِهِم»

(Leave me as I have left you, those before you were destroyed because of many questions and disputing with their Prophets.) An authentic Hadith also states,

«أَنَّ اللهَ تَعَالَى فَرَضَ فَرَائِضَ فَلَا تُضَيِّعُوهَا، وَحَدَّ حُدُودًا فَلَا تَعْتَدُوهَا، وَحَرَّمَ أَشْيَاءَ فَلَا تَنْتَهِكُوهَا، وَسَكَتَ عَنْ أَشْيَاءَ رَحْمَةً بِكُمْ غَيْرَ نِسْيَانٍ فَلَا تَسْأَلُوا عَنْهَا»

(Allah, the Most Honored, has ordained some obligations, so do not ignore them; has set some limits, so do not trespass them; has prohibited some things, so do not commit them; and has left some things without rulings, out of mercy for you, not that He forgot them, so do not ask about them.) Allah said next,

قَدْ سَأَلَهَا قَوْمٌ مِّن قَبْلِكُمْ ثُمَّ أَصْبَحُواْ بِهَا كَفِرِينَ

(Before you, a community asked such questions, then on that account they became disbelievers.) meaning, some people before your time asked such questions and they were given answers. They did not believe the answers, so they became disbelievers because of that. This occurred because these rulings were made plain to them, yet they did not benefit at all from that, for they asked about these things not to gain guidance, but only to mock and defy.

The Meaning of Bahirah, Sa'ibah, Wasilah and Ham

Al-Bukhari recorded that Sa`id bin Al-Musayyib said, "The Bahirah is a female camel whose milk was spared for the idols and no one was allowed to milk it. The Sa'ibah is a female camel let loose for free pasture for the idols, and nothing was allowed to be carried on it. Abu Hurayrah said that the Messenger of Allah ﷺ said,

«رَأَيْتُ عَمْرَو بْنَ عَامِرٍ الْخُزَاعِيَّ يَجُرُّ قُصْبَهُ فِي النَّارِ، وَكَانَ أَوَّلَ مَنْ سَيَّبَ السَّوَائِب»

(I saw `Amr bin `Amir Al-Khuza`i pulling his intestines behind him in the Fire, and he was the first to start the practice of Sa'ibah.) As for the Wasilah, it is a female camel set free for the idols, because it had given birth to a she-camel in its first delivery and then another she-camel at its second delivery. They used to set such camel free if she gave birth to two females without a male between them. As for the Ham, it is a male camel which would be freed from work for the idols, after it had finished a number of copulations assigned for it. The male camel freed from work in this case is called a Hami." Muslim and An-Nasa'i recorded this Hadith. Imam Ahmad recorded that `Abdullah bin Mas`ud said that the Prophet said,

«إِنَّ أَوَّلَ مَنْ سَيَّبَ السَّوَائِبَ وَعَبَدَ الْأَصْنَامَ أَبُو خُزَاعَةَ عَمْرُو بْنُ عَامِرٍ، وَإِنِّي رَأَيْتُهُ يَجُرُّ أَمْعَاءَهُ فِي النَّار»

(The first to start the practice of Sa'ibah and worshipping idols was Abu Khuza`ah, `Amr bin `Amir. I saw him pulling his intestines behind him in the Fire.) The `Amr mentioned in the above Hadith is the son of Luhay bin Qam`ah, one of the chiefs of the tribe of Khuza`ah who were the caretakers of the House of Allah after the tribe of Jurhum, (and before the Prophet's tribe, Quraysh). He was the first to change the religion of Ibrahim (Al-Khalil in Makkah) bringing idol worshipping to the area of Hijaz (Western Arabia). He also called the foolish people to worship idols and offer sacrifices to them and started these ignorant rituals concerning the animals as well as other rituals of Jahiliyyah. Allah said in Surat Al-An`am,

وَجَعَلُواْ لِلَّهِ مِمَّا ذَرَأَ مِنَ الْحَرْثِ وَالاٌّنْعَامِ نَصِيباً

(And they assign to Allah a share of the tilth and cattle which He has created...)3:136. As for the Bahirah, `Ali bin Abi Talhah said that Ibn `Abbas said, "It is the female camel that has given delivery five times. After that, they looked at the fifth delivery, if it were a male, they would slaughter it and give it to the men only and not the women. If it were a female, they would cut off its ears and proclaim, `This is a Bahirah (no one is allowed to milk it)."' As-Suddi and others mentioned a similar statement. As for the Sa'ibah, Mujahid said that it is for sheep, and mentioned a similar meaning as for Bahirah. He said that it delivers six females and then a male, female or two males, and that they then would slaughter it (the newly born sheep) and feed its meat to the men, but not to the woman. Muhammad bin Ishaq said that the Sa'ibah is the female camel that delivers ten females, without giving birth to a single male between them. They would then set it free and no one was allowed to ride it, cut its wool or milk it, except for a guest. Abu Rawq said, "The Sa'ibah was made as such when one goes out for some of his affairs and succeeds in whatever he intended to do. So he would designate a Sa'ibah from his property, a female camel or another type, and would set it free for the idols (in appreciation for his success). Then, whatever this camel gave birth to was set free for the idols too." As-Suddi said, "When one's affair was successful, or if he was cured from an illness, or if his wealth increased, he would set some of his wealth free for the idols. Those who would try to acquire any of the Sa'ibah property were punished in this world." As for the Wasilah, `Ali bin Abi Talhah said that Ibn `Abbas said, "It is the sheep that gives birth seven times, if she gives birth to a male or a female stillborn at its seventh delivery, the men, but not the women, would eat from it. If she gave birth to a female, or a female and a male, they would set them free, proclaiming (about the male in this case), His sister Wasalat (literally, `connected him to being forbidden on us')." Ibn Abi Hatim recorded this statement. `Abdur-Razzaq narrated that Ma`mar said that Az-Zuhri said that Sa`id bin Al-Musayyib said that,

وَلاَ وَصِيلَةٍ

(Or a Wasilah) "It is the female camel that gives delivery to a female and then another female at its second delivery. They would call such a camel a Wasilah, proclaiming that she has Wasalat (connected) between two females without giving birth to a male between them. So they used to cut off the ears of the Wasilah and let it roam free to pasture for their idols." A similar explanation was reported from Imam Malik bin Anas. Muhammad bin Ishaq said, "The Wasilah sheep is the ewe that gives birth to ten females in five deliveries, giving birth to two females at each delivery. This sheep would be called Wasilah and would be set free. Whatever this sheep delivers afterwards, male or female, would be given to the men, but not the women, but if it delivers a stillborn, men and women would share it!" As for the Ham, Al-`Awfi said that Ibn `Abbas said, "If a man's camel performs ten copulations, they would call him a Ham, `So set him free.," Similar was reported from Abu Rawq and Qatadah. `Ali bin Abi Talhah said that Ibn `Abbas said, "The Ham is the male camel whose offspring gave birth to their own offspring; they would then proclaim, `This camel has Hama (protected) its back.' Therefore, they would not carry anything on this male camel, cut his wool, prevent him from grazing wherever he likes or drinking from any pool, even if the pool did not belong to its owner." Ibn Wahb said, "I heard Malik saying, `As for the Ham, it is the male camel who is assigned a certain number of copulations, and when having finished what was assigned to him, would have peacock feathers placed on him and be set free."' Other opinions were also mentioned to explain this Ayah. There is a Hadith on this subject that Ibn Abi Hatim collected from Abu Ishaq As-Subay`i from Al-Ahwas Al-Jushami from his father Malik bin Nadlah who said, "I came to the Prophet wearing old clothes. So he said to me,

«هَلْ لَكَ مِنْ مَالٍ؟»

(Do you have any property) I said, `Yes.' He asked,

«مِنْ أَيِّ الْمَالِ؟»

(What type) I said, `All types; camels, sheep, horses and slaves.' He said,

«فَإِذَا آتَاكَ اللهُ مَالًا فَلْيُرَ عَلَيْك»

(If Allah gives you wealth, then let it show on you.) He then asked,

«تُنْتِجُ إِبِلُكَ وَافِيَةً آذَانُهَا؟»

(Do your camels deliver calves that have full ears) I said, `Yes, and do camels give birth but to whole calves' He said,

«فَلَعَلَّكَ تَأْخُذُ الْمُوسَى فَتَقْطَعَ آذَانَ طَائِفَةٍ مِنْهَا وَتَقُولَ: هَذِهِ بَحِيَرةٌ، تَشُقَّ آذَانَ طَائِفَةٍ مِنْهَا وَتَقُولَ: هَذِهِ حُرِّم»

(Do you take the knife and cut off the ears of some of them saying, `This is a Bahirah,' and tear the ears of some of them and proclaim, `This is Sacred') I said, `Yes.' He said,

«فَلَا تَفْعَلْ إِنَّ كُلَّ مَا آتَاكَ اللهُ لَكَ حِل»

(Then do not do that, for all the wealth that Allah has given you is allowed for you.) Then he said;

مَا جَعَلَ اللَّهُ مِن بَحِيرَةٍ وَلاَ سَآئِبَةٍ وَلاَ وَصِيلَةٍ وَلاَ حَامٍ

(Allah has not instituted things like Bahirah or a Sa'ibah or a Wasilah or a Ham. ) As for the Bahirah, it is the animal whose ears were cut, one would not allow his wife, daughters, or any of his household to benefit from its wool, hair or milk. But, if it died, they would share it. As for the Sa'ibah, they used to set it free for their idols and announce this fact in the vicinity of the idols. As for the Wasilah, it is the sheep that gives birth to six offspring. When she delivered for the seventh time, they would cut its ears and horns, saying, `It has Wasalat (connected deliveries),' and they would not slaughter it, hit it or prevent it from drinking from any pool." This Hadith was narrated with the addition of the explanation of these words in it. In another narration for this Hadith from Abu Ishaq from Abu Al-Ahwas, `Awf bin Malik used his own words (i.e., he explained these words not as a part of the Hadith itself) and this is more sound. Imam Ahmad recorded this Hadith from Sufyan bin `Uyaynah, from Abu Az-Za`ra' `Amr bin `Amr, from his uncle Abu Al-Ahwas `Awf bin Malik bin Nadlah from his father, Malik bin Nadlah. This narration also does not contain the explanation of Bahirah, Ham etc., that is added to the Hadith above, and Allah knows best. Allah's statement,

وَلَكِنَّ الَّذِينَ كَفَرُواْ يَفْتَرُونَ عَلَى اللَّهِ الْكَذِبَ وَأَكْثَرُهُمْ لاَ يَعْقِلُونَ

(But those who disbelieve invent lies against Allah, and most of them have no understanding.) means, Allah did not legislate these invented rituals and He does not consider them acts of obedience. Rather, it is the idolators who made them into rituals and acts of worship that they used to draw near to Allah. But they did not and will not help them to draw near to Him, rather, these innovations will only harm them.

وَإِذَا قِيلَ لَهُمْ تَعَالَوْاْ إِلَى مَآ أَنزَلَ اللَّهُ وَإِلَى الرَّسُولِ قَالُواْ حَسْبُنَا مَا وَجَدْنَا عَلَيْهِ ءَابَاءَنَآ

(And when it is said to them: "Come to what Allah has revealed and to the Messenger." They say: "Enough for us is that which we found our fathers following,") imeaning, if they are called to Allah's religion, Law and commandments and to avoiding what He prohibited, they say, `The ways and practices that we found our fathers and forefathers following are good enough for us. ` Allah said,

أَوَلَوْ كَانَ ءَابَاؤُهُمْ لاَ يَعْلَمُونَ شَيْئاً

(even though their fathers had no knowledge whatsoever...) That is, even though their fathers did not understand or recognize the truth or find its way. Therefore, who would follow their forefathers, except those who are even more ignorant and misguided than they were

 يأَيُّهَا الَّذِينَ ءَامَنُواْ عَلَيْكُمْ أَنْفُسَكُمْ لاَ يَضُرُّكُمْ مَّن ضَلَّ إِذَا اهْتَدَيْتُمْ إِلَى اللَّهِ مَرْجِعُكُمْ جَمِيعاً فَيُنَبِّئُكُمْ بِمَا كُنْتُمْ تَعْمَلُونَ

One is Required to Reform Himself First

Allah commands His believing servants to reform themselves and to do as many righteous deeds as possible. He also informs them that whoever reforms himself, he would not be affected by the wickedness of the wicked, whether they were his relatives or otherwise. Imam Ahmad recorded that Qays said, "Abu Bakr As-Siddiq stood up, thanked Allah and praised Him and then said, `O people! You read this Ayah,

يأَيُّهَا الَّذِينَ ءَامَنُواْ عَلَيْكُمْ أَنْفُسَكُمْ لاَ يَضُرُّكُمْ مَّن ضَلَّ إِذَا اهْتَدَيْتُمْ

(O you who believe! Take care of yourselves. If you follow the right guidance, no hurt can come to you from those who are in error.) You explain it the wrong way. I heard the Messenger of Allah ﷺ say,

«إِنَّ النَّاسَ إِذَا رَأَوُا الْمُنْكَرَ وَلَا يُغَيِّرُونَهُ، يُوشِكُ اللهُ عَزَّ وَجَلَّ أَنْ يَعُمَّهُمْ بِعِقَابِه»

(If the people witness evil and do not change it, then Allah is about to send His punishment to encompass them.) I (Qays) also heard Abu Bakr say, `O people! Beware of lying, for lying contradicts faith."'

يِأَيُّهَا الَّذِينَ ءَامَنُواْ شَهَدَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنْكُمْ أَوْ ءَاخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِى الاٌّرْضِ فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلوةِ فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ لاَ نَشْتَرِى بِهِ ثَمَناً وَلَوْ كَانَ ذَا قُرْبَى وَلاَ نَكْتُمُ شَهَدَةَ اللَّهِ إِنَّآ إِذَاً لَّمِنَ الاٌّثِمِينَ - فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّآ إِثْماً فَآخَرَانِ يِقُومَانُ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الاٌّوْلَيَانِ فَيُقْسِمَانِ بِاللَّهِ لَشَهَدَتُنَا أَحَقُّ مِن شَهَدَتِهِمَا وَمَا اعْتَدَيْنَآ إِنَّا إِذاً لَّمِنَ الظَّلِمِينَ - ذلِكَ أَدْنَى أَن يَأْتُواْ بِالشَّهَدَةِ عَلَى وَجْهِهَآ أَوْ يَخَفُواْ أَن تُرَدَّ أَيْمَنٌ بَعْدَ أَيْمَنِهِمْ وَاتَّقُوا اللَّهَ وَاسْمَعُواْ وَاللَّهُ لاَ يَهْدِى الْقَوْمَ الْفَسِقِينَ

Testimony of Two Just Witnesses for the Final Will and Testament

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

يِأَيُّهَا الَّذِينَ ءَامَنُواْ شَهَدَةُ 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 ءَاخَرَانِ 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 فِى الاٌّرْضِ

(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 الصَّلوةِ

(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,

لاَ نَشْتَرِى بِهِ

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

ثَمَناً

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

وَلَوْ كَانَ ذَا قُرْبَى

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

وَلاَ نَكْتُمُ شَهَدَةَ 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,

إِنَّآ إِذَاً لَّمِنَ الاٌّثِمِينَ

(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 عَلَى أَنَّهُمَا اسْتَحَقَّآ إِثْماً

(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,

يِقُومَانُ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الاٌّوْلَيَانِ

(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 لَشَهَدَتُنَا أَحَقُّ مِن شَهَدَتِهِمَا

(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 اعْتَدَيْنَآ

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

إِنَّا إِذاً لَّمِنَ الظَّلِمِينَ

(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,

ذلِكَ أَدْنَى أَن يَأْتُواْ بِالشَّهَدَةِ عَلَى وَجْهِهَآ

(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 يَخَفُواْ أَن تُرَدَّ أَيْمَنٌ بَعْدَ أَيْمَنِهِمْ

(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 يَخَفُواْ أَن تُرَدَّ أَيْمَنٌ بَعْدَ أَيْمَنِهِمْ

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

وَاتَّقُواْ اللَّهَ

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

وَاسْمَعُواْ

(and listen.) and obey,

وَاللَّهُ لاَ يَهْدِى الْقَوْمَ الْفَسِقِينَ

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

يَوْمَ يَجْمَعُ اللَّهُ الرُّسُلَ فَيَقُولُ مَاذَآ أُجِبْتُمْ قَالُواْ لاَ عِلْمَ لَنَآ إِنَّكَ أَنتَ عَلَّمُ الْغُيُوبِ