The Book
153
Law / Family5:106–108

Witnesses for a Will During Travel

Gives rules for witnesses when someone is close to death during travel, so property and family rights are protected fairly.

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TravelersInheritance & WillsLife & DeathJusticeOaths & Promises
Quran5:106–108

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 or two others from outside 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 Allāh if you doubt [their testimony, saying], "We will not exchange it [i.e., our oath] for a price [i.e., worldly gain], even if he should be a near relative, and we will not withhold the testimony of [i.e., ordained by] Allāh. Indeed, we would then be of the sinful." 106 But if it is found that those two were guilty of sin [i.e., perjury], let two others stand in their place [who are] foremost [in claim] from those who have a lawful right. And let them swear by Allāh, "Our testimony is truer than their testimony, and we have not transgressed. Indeed, we would then be of the wrongdoers." 107 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 Allāh and listen [i.e., obey Him]; and Allāh does not guide the defiantly disobedient people. 108

SunnahHadith
Quoting these verses1 hadith cite this passage
Jami at-Tirmidhi 3059Chapters on Tafsir

Very weak or denounced — not to be relied upon or attributed to the Prophet ﷺ with certainty.

Narrated Ibn 'Abbas:from Tamim Ad-Dari, regarding this Ayah: O you who believe! When death approaches any of you then take the testimony (5:106). He said: "The people are innocent of it, other than myself and 'Adi bin Badda.' We were Christians who used to frequent Ash-Sham before Islam." They went to Ash-Sham for their business, and they were approached by a freed slave of Banu Sahm, who was called Budail bin Abi Maryam, with some trade. He had a bowl they wanted made of silver, but he wanted a great deal for it. Then he became ill, and willed it to them, and he commissioned them to deliver what was left to his family. Tamim said: "When he died, we took that bowl and we sold it for…

Quotes5:106
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Sahih al-Bukhari 6765Laws of Inheritance (Al-Faraa'id)

Narrated `Aisha:Sa`d bin Abi Waqqas and 'Abu bin Zam`a had a dispute over a boy. Sa`d said, "O Allah's Messenger (ﷺ)! This (boy) is the son of my brother, `Utba bin Abi Waqqas who told me to be his custodian as he was his son. Please notice to whom he bears affinity." And 'Abu bin Zam`a said, "This is my brother, O Allah's Messenger (ﷺ)! He was born on my father's bed by his slave girl." Then the Prophet (ﷺ) looked at the boy and noticed evident resemblance between him and `Utba, so he said, "He (the toy) is for you, O 'Abu bin Zam`a, for the boy is for the owner of the bed, and the stone is for the adulterer. Screen yourself before the boy, O Sauda bint Zam`a." `Aisha added: Since then he…

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