Ayaat 106 – 108
يِـأَيُّهَا الَّذِينَ ءَامَنُواْ شَهَـدَةُ 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 شَهَـدَةَ اللَّهِ إِنَّآ إِذَاً لَّمِنَ الاٌّثِمِينَ – فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّآ إِثْماً فَآخَرَانِ يِقُومَانُ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الاٌّوْلَيَانِ فَيُقْسِمَانِ بِاللَّهِ لَشَهَـدَتُنَا أَحَقُّ مِن شَهَـدَتِهِمَا وَمَا اعْتَدَيْنَآ إِنَّا إِذاً لَّمِنَ الظَّـلِمِينَ – ذلِكَ أَدْنَى أَن يَأْتُواْ بِالشَّهَـدَةِ عَلَى وَجْهِهَآ أَوْ يَخَـفُواْ أَن تُرَدَّ أَيْمَـنٌ بَعْدَ أَيْمَـنِهِمْ وَاتَّقُوا اللَّهَ وَاسْمَعُواْ وَاللَّهُ لاَ يَهْدِى الْقَوْمَ الْفَـسِقِينَ
“O you who believe! When death approaches any of you, and you make a bequest, then take the testimony of two just men of your own folk or two others from outside, if you are traveling through the land and the calamity of death befalls you. Detain them both after the Salah, (then) if you are in doubt (about their truthfulness), let them both swear by Allah (saying): ‘We wish not for any worldly gain in this, even though he (the beneficiary) be our near relative. We shall not hide the testimony of Allah, for then indeed we should be of the sinful.’ If it then becomes known that these two had been guilty of sin, let two others stand forth in their places, nearest in kin from among those who claim a lawful right. Let them swear by Allah (saying): ‘We affirm that our testimony is truer than that of both of them, and that we have not trespassed (the truth), for then indeed we should be of the wrongdoers.’ That should make it closer (to the fact) that their testimony would be in its true nature and shape, or else they would fear that (other) oaths would be admitted after their oaths. And have Taqwa of Allah and listen (with obedience to Him). And Allah guides not the rebellious people.”
– Allah subhanahu wa ta’ala guides us in every situation, whether they are day-to-day matters or exceptional conditions.
– It is the responsibility of the dying person to hand over his wealth to someone so that it can reach his heirs. Secondly, it is the responsibility of every person to keep his things in order so that tomorrow when he dies his heirs do not have trouble. It often so happens that when a person dies people approach his home and claim that the deceased owed them such and such. If the deceased’s belongings are all scattered and there is no record of what belongs to whom it will be confusing for the heirs to determine whether the person is saying the truth or making a false claim.
– The Prophet sallAllahu aalyhi wa sallam instructed us not to sleep a few nights unless we have written down our will. However, this ayah gives the permissibility of making a will at the time of death.
– We learn about the permissibility of taking a non-Muslim as a witness. For example, if there is a crime and there was only a non-Muslim present at the site we can take his witness.
– Concealing testimony is a sin.
– People who make false testimony will be among the athimeen meaning sinful people. If the heirs are making false testimony then they are doing injustice. And Allah subhanahu wa ta’ala says He doesn’t guide rebellious people. Often we casually utter statements such as “By Allah, I didn’t say this,” or “By Allah, I didn’t do this.” If a person takes the Name of Allah and utters a false statement deliberately then this is zulm. Injustice is going to be darkness for a person on the Day of Judgment. Such a person will bear the consequences in the dunya as well as the akhirah.
– We read in these ayaat that the dispute was brought to the masjid and not the court. What does that tell us? This tells us that masjid is not only meant for Salah. It’s a public place where disputes can also be settled, ilm be given, and grievances be heard.
[SOURCE: Tafseer Lecture of Taimiyyah Zuberi ]