يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ شَهَٰدَةُ بَيۡنِكُمۡ إِذَا حَضَرَ أَحَدَكُمُ ٱلۡمَوۡتُ حِينَ ٱلۡوَصِيَّةِ
Verse: "O you who believe, testimony among you when death approaches one of you at the time of bequest — two just witnesses from among you." (5:106)
Occasion (Sahih — Bukhari): Al-Bukhari (4493) narrated from Ibn Abbas: A man from Banu Sham traveled with Tamim Al-Dari and Adi ibn Badda. He died in a land with no Muslims. When they returned with his estate, a gilded silver goblet was missing. They swore they knew nothing beyond what they brought. The goblet was then found in Makkah being sold. The seller said: "We bought it from Tamim and Adi." Tamim was made to swear again and confessed to taking the goblet. This verse was revealed to legislate testimony of People of the Book in travel when necessary.
Reliability: Sahih — Al-Bukhari (4493).
Rulings derived:
- Accepting non-Muslim testimony in cases of necessity and travel when no two Muslims are available
- The oath reinforces testimony — and a lying witness loses their credibility
- A legal ruling based on testimony does not cancel the afterlife's reckoning for one who swore falsely
Question: What legal ruling did this verse legislate as an exception to the default rule, and what is its condition?
Answer: It legislated accepting non-Muslim testimony as an exception in necessity during travel when no two just Muslim witnesses are available — the default rule requiring the witness to be Muslim.