Commentary
And when He addressed - glorified and exalted is He - the people of that time by saying that He established the public interests; like the Sacred House; and the Sacred Month; and indicated with the verse of the sea creature; and what follows it; that their ancestors did not spare them their wealth; nor advised them in their religion; and concluded that with His overpowering of the servants with death; and the unveiling of secrets on the Day of Presentation; with accounting for every small thing; and every insignificant thing; He followed that with the verse of the will; as guidance from Him - glorified and exalted is He - to what reveals the secret of whoever betrays in it; knowing from Him - glorified and exalted is He - that loyalty in such matters is rare; and urging them to do what He commanded - glorified and exalted is He - to advise those they left behind by providing wealth; and to follow them; in what He concluded the verse with of piety; and listening; and staying away from sin; and disputes; so He said (the Most High) - calling them by what they contracted in the covenant between them and Him; of acknowledging faith -: "O you who have believed"; meaning: they informed about themselves with that; "the testimony among you"; it is a metaphor for dispute; and quarrel; because witnesses are only needed in that case; and the reason for the revelation of the verse has been mentioned by the interpreters; and Al-Shafi'i mentioned it in "Al-Um"; he said: Abu Sa'id informed me; Mu'adh ibn Musa Al-Ja'fari; from Bukayr ibn Ma'ruf; from Muqatil ibn Hayyan who said: I took this interpretation from Mujahid; and Al-Hasan; and Al-Dhahhak; that two Christian men from the people of the two towns; one of them is Tamimi; and the other is Yemeni; were accompanied by a client of Quraysh in trade; so they boarded the sea; and with the Qurashi was a known amount of wealth that his guardians knew; among vessels and goods; so the Qurashi fell ill; and he made his will to the two towns; (p-329) then he died; and the two towns took the wealth; and they gave it to the guardians of the deceased; but the people denied the small amount of wealth; so they said to the two towns: Indeed, our companion went out with more wealth than what you have brought us; so did he sell anything; or buy; and put it in it; or did his illness last long so he spent on himself? They said: No; they said: Then you have betrayed us; so they took the wealth; and raised their matter to the Messenger of Allah - blessings and peace be upon him; so Allah - the Mighty and Majestic - revealed: "O you who have believed, the testimony among you"; so when it was revealed, the Prophet - blessings and peace be upon him - commanded them to stand after the prayer; and they swore by Allah, Lord of the heavens: Nothing has your master left of wealth except what we have brought you; so when they swore, he released them; then they found after that a vessel from the vessels of the deceased; so they took the two towns; and they said: We bought it from him in his lifetime; so they were denied; and they were required to provide evidence; but they could not do so; so they raised that to the Messenger of Allah - blessings and peace be upon him - and Allah - the Mighty and Majestic - revealed: "And if it is found" [Al-Ma'idah: 107]; meaning until its end; then he mentioned the time of the testimony; and its reason; so he said: "When death approaches"; and he advanced the object for emphasis - as he mentioned in "An-Nisa" - because the verse was revealed to protect his wealth; so it was more important; and he said: "One of you is death"; meaning: the causes of it have taken him; (p-330) and when the will was then a common matter; he defined it by saying - linking it with "testimony"; as he linked it with "when"; or substituting from "when"; because the two times are one -: "At the time of the will"; meaning: if he bequeaths; then he informed about the beginning; and he said: "Two"; meaning: the testimony among you at that time is the testimony of two; "two just men from among you"; meaning: from your tribe who are knowledgeable of your affairs; "or two others"; meaning: two just men; "from outside of you"; meaning: if you do not find two relatives who can manage the matter of the will from all that is for the testator; and upon him; and it is said: rather they are the two witnesses themselves as a precaution; and it is said: two others from outside of your religion; and this is specific to this matter occurring in travel; for necessity; not in other than it; nor in other than travel; then he conditioned this testimony with his saying: "If you travel"; meaning: by foot; "in the land"; meaning: in travel; as if traveling by foot is not called traveling except in it; because it is the place of seriousness and diligence; "then a calamity befalls you"; and he indicated that man is a target for the arrows of events; by specifying with his saying: "the calamity of death"; meaning: the calamity that befalls the testator which there is no escape from; nor avoidance of.
And when he felt that the detail regarding the witnesses contradicted the other testimonies; he was in the position of questioning about the witnesses: what is to be done with them? He said - beginning anew -: ﴿You shall detain them﴾; meaning: you call them to you; and you prevent them from acting for themselves; to establish what they have borne witness to regarding this incident; and to fulfill it; and since the intention was to establish the oath; even if in the shortest time; there is no prolongation of time in detention; he included the neighbor; and said: ﴿After the prayer﴾; meaning: that which is the greatest of prayers; so that when it is mentioned specifically, it refers to it; and it is the middle one; which is the 'Asr prayer'; then he mentioned the purpose of detaining them; and said: ﴿Then they shall swear by Allah﴾; meaning: the King who has complete power; and perfect knowledge; and from Ibn Abbas - may Allah be pleased with them - that the oath is only valid if they are from outside us; for if they are Muslims, there is no oath; and from others; if the two witnesses are truthful in their testimony, then the requirement for their swearing has been abrogated; and if they are the two guardians, then no; then he conditioned this oath with a condition; and said - interjecting between the oath and the one being sworn upon -: ﴿If you doubt﴾; meaning: if you have doubt regarding what they informed you about the incident; then he mentioned the one being sworn upon by saying: ﴿We do not purchase with it﴾; meaning: this which we mentioned; ﴿A price﴾; meaning: we did not mention it to gain a worldly benefit; even if it is in the utmost grandeur; and our intention with it is nothing but the establishment of the truth; ﴿Even if it were﴾; meaning: the guardian for whom we swore to exonerate him; ﴿A relative﴾; meaning: to us; meaning: indeed this which we have done in seeking the truth is our custom which we obeyed in: ﴿Be steadfast in justice, witnesses for Allah﴾ [An-Nisa: 135]; the verse; not that it is our action in this incident only; ﴿And we do not conceal the testimony of Allah﴾; meaning: this which we mentioned we did not alter in it for what Allah has commanded regarding the preservation of testimony and its glorification; and we did not conceal anything that occurred with the witnessing; and we do not conceal anything in what is to come that we bear witness to for the sake of the Most Great King; the One who is aware of the secrets; as He is aware of the apparent; then he justified that with what he taught them; so that their last words would be all of that; as a warning; and a reminder (p-332) that this is not like other oaths; so he said - reminding them; and warning them against alteration -: ﴿Indeed, if we do﴾; meaning: if we do anything of alteration; or concealment; ﴿We would indeed be among the wrongdoers﴾.
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