Three men, who were merchants, set out of the Medina city to Syria; they were Tameem son of Awss the Darimi, and his brother Oday; these two were Christian, and the son of Abu Mariya the servant of Am'r son of Aass the Sahmi who was a Muslim.
When they were at some distance on their way, the Muslim became ill, so he wrote his will and hid it in his luggage, and he recommended them, paid the money to them and said: "Give this to my family."
Then when he died, they opened his luggage, took out of it what they liked, then they brought the money and property back to his family.
But when the latter checked the money and property, they found some of that, which was with him, missing; so they sued them to the Prophet – salam to him; therefore, this aya was revealed:
Quran 5: 106
{106. Believers, let there be a testimony that you should keep up between you, when any of you is on the point of death a, at the time of bequeathing b – c shall be two men of equity among you [Muslims] or two of [those] other than you [: two non-Muslimsd] – if you travel throughout the earth e and the incident of death befalls you f; you detain them both g after the prayer, and let them both swear by God – in case you doubt [their truth h – ]: "We will not exchange the [oath by God] for any price, eventhough the [beneficiary] are our near kinsman, nor will we hide [any part of] the testimony of God, or else we will be sinful. i "}
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a So that you appoint two witnesses to witness about the recommending one and the recommended one.
b By the one who is about to die.
c The witnesses shall be …
d If you don't find the two witnesses out of your religion followers.
e i.e. if that is during the journey.
f i.e. if one of your relatives dies during his journey and you, the family and relatives of the deceased, are sad and grieved for him.
g For judgment and testimony, and this should be after the prayer, so that this will be when people gather, in order to be ashamed of them and tell the truth.
h And you think they betrayed; so they should say:
i And we would then deserve the punishment.
When this aya was revealed, the Prophet – salam to him – prayed the obligatory afternoon prayer, then he called the two Christians: Tameem and Oday, and demanded of them to swear: "By God we did not take anything other than this, neither did we conceal it!"
And when they swore, the messenger of God released them.
When they were at some distance on their way, the Muslim became ill, so he wrote his will and hid it in his luggage, and he recommended them, paid the money to them and said: "Give this to my family."
Then when he died, they opened his luggage, took out of it what they liked, then they brought the money and property back to his family.
But when the latter checked the money and property, they found some of that, which was with him, missing; so they sued them to the Prophet – salam to him; therefore, this aya was revealed:
Quran 5: 106
{106. Believers, let there be a testimony that you should keep up between you, when any of you is on the point of death a, at the time of bequeathing b – c shall be two men of equity among you [Muslims] or two of [those] other than you [: two non-Muslimsd] – if you travel throughout the earth e and the incident of death befalls you f; you detain them both g after the prayer, and let them both swear by God – in case you doubt [their truth h – ]: "We will not exchange the [oath by God] for any price, eventhough the [beneficiary] are our near kinsman, nor will we hide [any part of] the testimony of God, or else we will be sinful. i "}
.......................................................
a So that you appoint two witnesses to witness about the recommending one and the recommended one.
b By the one who is about to die.
c The witnesses shall be …
d If you don't find the two witnesses out of your religion followers.
e i.e. if that is during the journey.
f i.e. if one of your relatives dies during his journey and you, the family and relatives of the deceased, are sad and grieved for him.
g For judgment and testimony, and this should be after the prayer, so that this will be when people gather, in order to be ashamed of them and tell the truth.
h And you think they betrayed; so they should say:
i And we would then deserve the punishment.
When this aya was revealed, the Prophet – salam to him – prayed the obligatory afternoon prayer, then he called the two Christians: Tameem and Oday, and demanded of them to swear: "By God we did not take anything other than this, neither did we conceal it!"
And when they swore, the messenger of God released them.
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