المائدة
فَإِنْ عُثِرَ عَلَىٰ أَنَّهُمَا اسْتَحَقَّا إِثْمًا فَآخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الْأَوْلَيَانِ فَيُقْسِمَانِ بِاللَّهِ لَشَهَادَتُنَا أَحَقُّ مِن شَهَادَتِهِمَا وَمَا اعْتَدَيْنَا إِنَّا إِذًا لَّمِنَ الظَّالِمِينَ 107
CAUSE OF THE REVELATION
VERSE NO. 106-108
A Muslim named, IBN- ABIMARIAH, accompained by two Christian colleagues; who were two brothers, and named TAMIM and ODAY; went on a trading journey, and the Muslim died abroad. He wrote a bequest before his death and hid it among his stuff, and made over his goods to the two Christian colleagues, to be delivered to his legal heirs in Medina.
The two Christian brothers opened the sacks, and took out of it a valuable silver cup, and then gave the rest of the goods to the designated heirs. When they opened the bags and searched the goods, they found the hidden bequest and asked for the silver cup, but they denied saying: `We have already handed over to you all that was given us.' They complained to the prophet, but of no use, because there was not enough evidence to prove the charge; and the two Christians were acquitted of the theft.
Later on, the said silver cup was discovered in their hand and the charge was proved and the prophet was informed of it, and to this effect, the above three verses were sent down.
COMMENTS
Among the most important matters that Islam has put strict and firm emphasis, is the protection and guard of people's right and properties. Here the protection of the heritage, and the rights of the heirs is emphasized upon, saying:-
``When death approaches one of you, write down a bequest or will, and when writing that, call to witness two men of justice from among the Muslim folk.''
An exception is also discussed here that:-
If a Muslim is on journey when death approached him, and he has no access to Muslims for witness, he may call non- Muslims to witness his will. By non- Muslim here the people of the Book are wanted, because a Muslim has nothing to do with polytheists and idolaters, and therefore he can not call such unbelievers to witness.''
If the two non- Muslims prove to be untrustworthy, they have to give their place to another of those who are the nearest to those most concerned about the heritage and the will.
The non- Muslims witnesses too, have to swear by Allah in time of prayer that they will not betray, and will not sell their word and honour of witness for any price.