Tafsir Al-Jalalayn: Al-Maaida, Ayah 107
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Other Scholars on This Ayah
Tafsir
However, it became clear after their testimony that they had betrayed the dead person, and the custodians of the deceased found out. Allah said: (But then, if it is afterwards ascertained that both of them merit (the suspicion of) sin) of betrayal, (let two others) representing the deceased person, 'Amr Ibn al-'As and Muttalib Ibn Abi Wada'ah (take their place) the place of the two Christians (of those nearly concerned) about such a betrayal, i.e. the two Christians, and it is said that the reference here is to those from whom the property was taken away, i.e. the custodians of the deceased person, (and let them) the custodians of the deceased person (swear by Allah) that the property that was with the deceased person was more than what the two Christians gave back, ((saying): Verily our testimony) the testimony of the Muslims (is truer than their testimony) the testimony of the Christians (and we have not transgressed) let them say: we have not transgressed in our claim, (for then) for if we have transgressed (indeed we should be of the evil-doers) liars who harm others.
Related Hadiths
He who took an oath in order to entitle himself (to the possession) of a property, whereas he is a liar, would meet Allah in a state that He would be very much angry with him. Then the remaining part ...
He who perjured with a view to appropriating the property of a Muslim, and he is in fact a liar and would meet Allah in a state that He would be angry with him. He (the narrator) said: There came Ash'...
He who took an oath and then found another thing better than (this) should expiate for the oath (broken) by him and do (the better thing).
"If you swear an oath, then you see something better than it, then offer expiation for your oath, and do that which is better."
"Whoever swears an oath, then sees something better than it, let him do that which is better."
"When the Prophet commanded the two who were engaging in Li'an to utter the fifth oath, he commanded a man to place his hand over his mouth, and he said: "It will inevitably bring the punishment upon ...
"If any one of you swears an oath, then he sees something better than it, let him offer expiation for his oath, and look at what is better and do it."
If the people were given according to their claims, they would claim the lives of persons and their properties, but the oath must be taken by the defendant.
When anyone amongst you takes an oath, but he finds (something) better than that he should expiate (the breaking of the oath), and do that which is better.
Two men brought their dispute to the Prophet (ﷺ). The Prophet (ﷺ) asked the plaintiff to produce evidence, but he had no evidence. So he asked the defendant to swear. He swore by Allah "There is no go...
Al-Jalalayn Commentary
But if it be discovered if it be ascertained after they have sworn their oaths that both of them have merited the suspicion of sin that is that they have done something to incur it in the way of a breach of faith or perjury in the testimony; for example if what they are accused of is found with them and then they claim that they had bought it from the deceased or that he had bequeathed it to them then two others shall take their place so that the oaths are to be taken from them being the nearest al-awlayān is a substitution for ākharān ‘two others’; a variant reading has al-awwalīn plural of awwal as an adjectival qualification of or a substitution for alladhīna ‘of those’ in kinship to the deceased of those most concerned with the bequest namely the inheritors and they shall swear by God to the breach of faith of the two witnesses and they shall both say ‘Verily our testimony our oath is truer is more faithful than their testimony their oath and we have not transgressed we have not overstepped the bounds of truth in our oaths for then we would assuredly be among the evildoers’ meaning let the one about to die call two men as witnesses to his bequest or let him instruct in his bequest that the two be from among his co-religionists or from among others if he cannot find any from among the former because he is travelling or for some similar reason. If the inheritors have doubts about the two men and claim a breach of faith on the part of the two for having taken something or given it to some other person — alleging that the deceased bequeathed it to him — then let the two men swear in full in the way mentioned above. If then some indication surfaces that the two men have been lying and these two then claim some motivation for this action of theirs the nearest of the inheritors in kinship to the deceased shall swear to the perjury of the two men and to the truth of what they the inheritors suspected. This stipulation holds for the two trustees but is abrogated in the case of the two witnesses. Likewise the testimony of non co-religionists is abrogated.