Tafseer of The Table · Al-Maaida · 5:108
That is more likely that they will give testimony according to its [true] objective, or [at least] they would fear that [other] oaths might be taken after their oaths. And fear Allah and listen; and Allah does not guide the defiantly disobedient people.
Important: The Arabic source text is always authoritative. This translation is a study aid and has not been verified by scholars — do not use it as a basis for religious proof or for deriving rulings (ahkam). When in doubt, always consult the Arabic text and a qualified scholar.
The discourse on the explanation of His saying: ذَلِكَ أَدْنَى أَنْ يَأْتُوا بِالشَّهَادَةِ عَلَى وَجْهِهَا أَوْ يَخَافُوا أَنْ تُرَدَّ أَيْمَانٌ بَعْدَ أَيْمَانِهِمْ (That is more suitable that they may give the testimony in its proper form, or fear that oaths will be refuted after their oaths.)
Abū Jaʿfar said: The Exalted, whose mention is exalted, means by His saying "that": this which I have told you concerning the matter of the testamentary executors (al-awṣiyāʾ) — when you doubt their affair and suspect them of embezzling the property of the one who entrusted a testament to them — namely, to detain them after the prayer and have them swear an oath before you concerning what the relatives of the deceased claim against them — "is more suitable" for them "that they may give the testimony in its proper form." He says: this action, when you perform it toward them, makes it more likely that they will be truthful in their oaths, and will not conceal, and will acknowledge the truth and not be unfaithful — "or fear that oaths will be refuted after their oaths." He says: or that these executors fear, if it comes to light that they have laden themselves with a sin in their oaths by Allah, that their oaths will be turned back to the relatives of the deceased, after their oaths which have come to light as being a lie, so that these latter thereby obtain the right to what they claimed against them of rights; so that they then become truthful in their oaths and their testimony, out of fear of disgrace upon themselves, and out of caution lest there be claimed from them that in which they wronged the relatives of the deceased and his heirs.
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In accordance with what we have said about this, the people of interpretation (ahl al-taʾwīl) spoke. The narration about that from some of them has already preceded, and we mention the narration about that from some of those who remain of them.
12979 - Al-Muthannā related to me, saying: ʿAbd Allāh ibn Ṣāliḥ related to us, saying: Muʿāwiya ibn Ṣāliḥ related to me, on the authority of ʿAlī ibn Abī Ṭalḥa, on the authority of Ibn ʿAbbās: فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّا إِثْمًا (But if it is discovered that the two of them have become deserving of a sin), he says: if it comes to light that the two unbelievers have lied — فَآخَرَانِ يَقُومَانِ مَقَامَهُمَا (then two others shall take their place), he says: from the relatives, and the two of them swear by Allah that the testimony of the two unbelievers is void and that we have not transgressed into wrongdoing; then the testimony of the two unbelievers is turned back, and the testimony of the relatives is validated. The Exalted, whose mention is exalted, says: that is more suitable that the unbelievers may give the testimony in its proper form, or fear that oaths will be refuted after their oaths. And upon the witnesses among the Muslims there are no oaths; the oaths apply only when they are unbelievers.
12980 - Bishr ibn Muʿādh related to us, saying: Yazīd ibn Zurayʿ related to us, saying: Saʿīd related to us, on the authority of Qatāda, concerning His saying: "That is more suitable that they may give the testimony," the whole āya, he says: that is more likely to be suitable that they be truthful in their testimony, and that they fear the outcome.
12981 - Yūnus related to me, saying: Ibn Wahb informed us, saying: Ibn Zayd said concerning His saying: "Or fear that oaths will be refuted after their oaths," he said: then their oaths are declared void, and the oaths of these latter are taken.
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And others said: [the meaning of it is: you detain the two of them after the prayer. That is more suitable that they may give the testimony in its proper form, namely, that the two of them have become deserving of a sin, then two others shall take their place.]
* Mention of who said that:
12982 - Muhammad ibn al-Ḥusayn related to me, saying: Aḥmad ibn al-Mufaḍḍal related to us, saying: Asbāṭ related to us, on the authority of al-Suddī, he said: The two men are made to stand after their prayer in their religion, and the two of them swear by Allah: "We shall not acquire for it any small price, even though it concern a kinsman, and we shall not conceal the testimony of Allah; indeed, we would then be among the sinners; indeed, your companion made a testament regarding this, and indeed, this is his estate." Then the imam says to the two of them, before they swear: "If the two of you have concealed or been unfaithful, then I will disgrace you among your people, and I will not permit your testimony, and I will punish the two of you." If he says that to the two of them, then that is more suitable that they may give the testimony in its proper form.
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The discourse on the explanation of His saying: وَاتَّقُوا اللَّهَ وَاسْمَعُوا وَاللَّهُ لا يَهْدِي الْقَوْمَ الْفَاسِقِينَ (5:108) (And fear Allah and listen; and Allah does not guide the corrupt people (al-fāsiqīn).)
Abū Jaʿfar said: The Exalted, whose mention is exalted, says: And fear Allah, O people, and heed Him in your oaths, that you do not swear falsely by them, and that you do not thereby take away the property of one whose property is forbidden to you, and that you are not unfaithful to whoever has trusted you — "and listen," He says: listen to what is said to you and that with which you are admonished, and act upon it and hold fast to it — "and Allah does not guide the corrupt people," He says: and Allah does not grant success to whoever goes out corruptly beyond the command of his Lord, and contradicts it, and obeys the devil and is disobedient to his Lord.
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Ibn Zayd used to say: "The corrupt one (al-fāsiq)" in this place is the liar.
12983 - Yūnus related to me, saying: Ibn Wahb informed us, saying: Ibn Zayd said: "And Allah does not guide the corrupt people," the liars, who swear falsely.
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And what Ibn Zayd says about that is, in my opinion, not refuted, except that Allah, the Exalted whose mention is exalted, kept the statement general, namely, that He does not guide any of the corrupt people at all; He did not distinguish any of them above others by a statement nor by reason; so that applies to all the meanings of "corruption (al-fisq)," until something of it is distinguished by something to which one must submit, so that one submits to it.
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Then the people of knowledge differed concerning the ruling of these two āyas: is it abrogated (mansūkh), or is it established and valid (muḥkam thābit)?
Some of them said: it is abrogated.
* Mention of who said that:
12984 - Abū Kurayb related to us, saying: Ibn Idrīs related to us, on the authority of a man whom he named, on the authority of Ḥammād, on the authority of Ibrāhīm, he said: it is abrogated.
12985 - Muhammad ibn Saʿd related to me, saying: my father related to me, saying: my uncle related to me, saying: my father related to me, on the authority of his father, on the authority of Ibn ʿAbbās, he said: it is abrogated — he means this āya: يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ (O you who believe, the testimony among you), the āya.
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And a group said: it is valid (muḥkama) and not abrogated. And we have already mentioned the saying of most of them in what has preceded.
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Abū Jaʿfar said: And the correct view concerning this is that the ruling of the āya is not abrogated. That is because it is among the ruling of Allah, the Exalted whose mention is exalted — to which the people of Islam have held fast from the moment Allah, the Exalted whose mention is exalted, sent His prophet Muhammad ﷺ until this day of ours — that whoever has a claim brought against him concerning something which the sons of Ādam possess, the one against whom the claim is made can clear himself of what is claimed against him only by the oath, if the claimant has no proof that substantiates his claim. And that, if he recognizes in the hand of the one against whom the claim is made a good of his and claims that it belongs to him and not to the one in whose hand it is, and the one in whose hand it is says: "No, it is mine, I bought it from this claimant" — then the word is the word of the one in whose hand it is, who asserts that he bought it from him, and not the word of the claimant, provided it is with his oath, if the one in whose hand it is has no proof confirming his claim of having purchased it from him.
And since that is the ruling of Allah concerning which there is no disagreement among the people of knowledge, and since the two āyas in which Allah, the Exalted whose mention is exalted, mentioned the matter of the testament of the testator to two just men among the Muslims, or to two others besides them — the Prophet ﷺ, according to what has been related about him, imposed the oath upon the two executors only when the heirs claimed against them what they claimed, and thereafter imposed nothing upon the two against whom the claim was made when they had sworn, until the heirs recognized in their hands what they recognized of the basin or the water-jug or something else of their possessions, whereupon these latter asserted that they had bought it from their deceased — then it was that the Prophet ﷺ imposed the oath upon the heirs of the deceased, because the two executors had become claimants by their claim that what they found in their hands of the property of the deceased belonged to them, and that they had bought it from him, so that they became acknowledgers of the property's belonging to the deceased, while claiming the purchase of it, and they then had need of a proof substantiating their claim; and the heirs of the deceased, the owner of the good, became more entitled to the oath than the two of them. That is His saying, the Exalted whose mention is exalted: فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّا إِثْمًا فَآخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الأَوْلَيَانِ فَيُقْسِمَانِ بِاللَّهِ لَشَهَادَتُنَا أَحَقُّ مِنْ شَهَادَتِهِمَا (But if it is discovered that the two of them have become deserving of a sin, then two others shall take their place, from those against whom the two nearest had a claim, and the two of them swear by Allah: "Indeed, our testimony is more entitled than their testimony"), the āya.
And since the interpretation of it is thus, there is no ground for the assertion of an asserter that this āya is abrogated, because it is not permissible to judge concerning any of the rulings of Allah, the Exalted whose mention is exalted, that it is abrogated, except on the basis of a statement that cuts off every excuse: either from Allah, or from His messenger ﷺ, or by the arrival of a widely-transmitted narration about it. But as long as there is no statement about it, and reason does not refute its correctness, it is not permissible to judge concerning it that it is abrogated.