Commentary
So if; and when the intended meaning is merely to be informed; he built for the object of the saying: "‘Uthira"; meaning: an observer observed; intentionally or unintentionally; Al-Baghawi said: Its origin is the occurrence of something; meaning: from "‘Athrat al-Rajul"; "that they"; meaning: the two witnesses if the reality is intended by them; or the two guardians; "they have incurred a sin"; meaning: because of something they betrayed in the matter of the testimony; "then two others"; meaning: from the men who are relatives of the deceased; "to take their place"; meaning: to do so; when the suspicion intensified from the oaths at the absolute suspicion; what they did; "from those who have incurred"; meaning: the request for the occurrence of the truth by the testimony of those who witnessed "against them"; this is according to the reading of the group; and according to the reading of Hafs by building for the subject; the meaning: the occurrence of the truth was found against them; and they are the relatives of the deceased and his kin.
And when it was as if it was said: What is the status of these two others from the deceased? It was said: "the first ones"; meaning: the most deserving of the testimony; the closest to him; those who are knowledgeable about the details of his matter; and according to the reading of Abu Bakr; and Hamzah; in the plural; as if it was said: They are from the first ones; meaning: in mention; and they are the relatives of the deceased; so it is an adjective for "those who have incurred"; "then they swear"; meaning: these two others; "by Allah"; meaning: the King who is only sworn by Him; due to His complete knowledge; and the comprehensiveness of His ability; "our testimony"; meaning: with what contradicts the testimony of those present at the incident; "is more rightful than their testimony"; meaning: more established; for indeed that is only established in appearance; and our testimony is established in the essence of the matter; and it is supported by the appearance of what was found from the suspicion; (p-333) "And we did not transgress"; meaning: we did not intentionally in our oath exceed the truth; "if we do"; meaning: if an aggression occurs from us; "we are certainly among the wrongdoers"; meaning: those who place something in its wrong place; like one who walks in the darkness; and this indicates that they are upon insight and light from what they witnessed; and that is because when the vessel that the family of the deceased lost was found; and the two claimants swore by it that they did not betray; they were demanded; and they said: We had bought it from him; and they said: Did we not tell you: Did our companion sell anything? And you both said: No? They said: We did not have a proof; so we disliked to acknowledge to you; so they raised that to the Messenger of Allah, blessings and peace be upon him; and he ordered that two of the relatives of the deceased stand up; and they swore on the vessel; and the Prophet, blessings and peace be upon him, gave it to them; because the two guardians claimed against the deceased the sale; and the oath became on the side of the heirs; because they denied; and he named the oaths of the two groups as testimony; just as the oaths of those who invoke mutual cursing were named testimony - Al-Shafi'i pointed out this; and that was for what is in the two cases of additional emphasis.
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