Hadiths
Ibn ‘Abbaas (may Allah be pleased with them) said, "A man from the tribe of Banee Sahm went out in the company of Tameem Al-Daaree and ‘Adiyy ibn Baddaa’. The man from Banee Sahm died in a land where there were no Muslims. When Tameem and ‘Adiyy returned conveying the property of the deceased, they claimed that they had lost a silver bowl with gold engraving. Allah's Messenger ﷺ made them take an oath (to confirm their claim), and then the bowl was found in Makkah with some people who claimed that they had bought it from Tameem and ‘Adiyy! Then two witnesses from the relatives of the deceased got up and swore that their testimony was more valid and truer than that of ‘Adiyy and Tameem, and that the bowl belonged to their deceased fellow. So, this ayah was revealed in connection with this case. Allah, Exalted is He, Says (what means): {O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest - [that of] two just men from among you …} [Quran 5:106]
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Commentary :
Honesty is one of the becoming attributes of a Muslim, and Islam urges Muslims to choose trusted and pious travel companions, to be of real help to them.
In this hadeeth, ‘AbdullahNarrated Ibn ‘Abbaas (may Allah be pleased with him) that a Muslim man, who was said to be named Buzayl, from the tribe of Banee Sahm, from Quraysh, was travelling in the company of Tameem Al-Daaree, who was still Christian at that time, and ‘Adiyy ibn Baddaa’, who was also a Christian and died as such. The man from Banee Sahm died in a land where there were no Muslims, and he had written his Wasiyyah (i.e., last will and testament) that was kept in his luggage.He asked them to deliver his property to his family. When Tameem and ‘Adiyy returned conveying the luggage and property of the deceased man to his family, they found the Wasiyyah and discovered that a silver bowl or cup with gold engraving was missing from his belongings. They reported the incident to the Prophet ﷺ and sought his judgment. He made them (i.e., ‘Adiyy and Tameem) take an oath to confirm their claim that they had lost that bowl. It seems that their oath was false, because the bowl was later found in Makkah with some people who claimed that they had bought it from Tameem Al-Daaree and ‘Adiyy ibn Baddaa’! Then two witnesses from the relatives of the deceased, i.e., ‘Amr ibn Al-‘Aas and Al-Muttalib ibn Abee Wadaa‘ah (may Allah be pleased with them) who belonged to the tribe of Sahm, got up and swore that this bowl belonged to their late relative Buzayl, and that their testimony was more valid and truer than that of ‘Adiyy and Tameem. On this occasion, the ayah about the writing of Wasiyyah and having witnesses attesting to it was revealed. Allah, Exalted is He, Says (what means): {O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest - [that of] two just men from among you …} [Quran 5:106].
Thisayah urges the testator to have two trustworthy witnesses attesting to his Wasiyyah, especially if there are signs of approaching death, such as illness or old age. Allah, Exalted is He, Says (what means): {… or two others from outside}, meaning from other tribes because one would usually seek witnesses from his own relatives and tribe members, and he may also seek non-Muslim witnesses when needed, when there are no Muslim witnesses available. The ayah goes on: {… if you are traveling through the land and the disaster of death should strike you. Detain them after the prayer and let them both swear by Allah if you doubt [their testimony, saying], "We will not exchange our oath for a price, even if he should be a near relative, and we will not withhold the testimony of Allah. Indeed, we would then be of the sinful."} This means that these two witnesses must honor the trust and honestly give whatever the deceased entrusted to them to the beneficiaries of the Wasiyyah and must not withhold anything, {But if it is found that those two were guilty of perjury,} meaning if there are proofs indicating their lying and dishonesty, {let two others stand in their place [who are] foremost [in claim] from those who have a lawful right. And let them swear by Allah, "Our testimony is truer than their testimony, and we have not transgressed. Indeed, we would then be of the wrongdoers."} [Quran 5:106-107]. This means that the two other witnesses, from the deceased’s closest relatives, must testify to the fact that the other witnesses were lying, and must take an oath that theirtestimony is truer than theirs. Accordingly, they would be declared legally entitled to the disputed property..
