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↑Parent: two witnesses when you declare it
if those two should falter

Explore Verses Related to if those two should falter

🕌Al-Ma'idah5:107

At a Glance

According to search-discovered classical Islamic scholarship, the Quranic phrase 'if those two should falter' (fa-in 'uthira) in Surah Al-Ma'idah, verse 107, refers to the pivotal moment when the dishonesty of witnesses to a will is discovered. Tafsir experts like Al-Tabari clarify that the Arabic root signifies stumbling upon or uncovering a hidden sin, specifically perjury or theft. This discovery triggers a divinely legislated legal recourse. As detailed by jurists like Al-Qurtubi, the ruling, revealed in the context of a will made during a journey, allows for two of the closest heirs to challenge the corrupt testimony. These heirs then stand and deliver a more solemn counter-oath, swearing by Allah that their testimony is truer, thereby protecting the rights of the deceased and ensuring justice. This procedure, outlined in verses 5:106-108, establishes a robust framework within Islamic law to uphold truthfulness and safeguard inheritance.

📖 Quranic Context

Establishes a critical legal recourse against perjury and dishonesty in the execution of a will, particularly one made during travel.

Demonstrates Allah's commitment to justice and the protection of rightful inheritance by providing a mechanism to uncover falsehood.

References: The phrase appears in Quran 5:107, which is the pivot point in a legal procedure detailed in verses 5:106-108.

💭 Theological Perspective

Acknowledges human fallibility and the potential for witnesses to be tempted into sin (perjury, theft).

The procedure, involving an oath taken after prayer, leverages psychological and spiritual deterrents against lying.

Provides a clear, divinely legislated process to resolve disputes and ensure that the deceased's final wishes are honored truthfully.

Highlights the grave sin of false testimony and the importance of truthfulness (sidq) and trustworthiness (amanah).

📜 Hadith Perspective

The context for this verse is explained in hadith literature through the story of Tamim Ad-Dari and 'Adi bin Badda.

  • The story illustrates a real-case scenario where two Christian men acted as witnesses for a Muslim who died on a journey, and their honesty was later questioned.
  • This incident serves as the Asbab al-Nuzul (reason for revelation) for verses 5:106-108, providing the practical framework for the ruling.

Scholars of Tafsir and Fiqh widely accept this incident as the primary context for understanding the verse's legal implications.

💎 Deeper Insights

The procedure outlined in 5:107 acts as a form of 'spiritual lie-detector'. As explained in verse 5:108, the very existence of this counter-oath mechanism is designed to make the initial witnesses pause and fear being exposed, thus encouraging them to be truthful from the outset. It's a proactive measure, not just a reactive one.

— Al-Qurtubi

The term for the heirs who challenge is 'al-awlayan,' meaning those who are 'foremost' or 'most entitled.' This isn't just about being the closest relative, but about who has the primary right that was violated. This shows a sophisticated legal principle where the right to prosecute a claim is given to the party most directly harmed.

— Al-Tabari, Legal Scholars

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two witnesses when you declare it
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