Sura-5 [Al Maida Medina 112]
The Quranic Text & Ali’s version:
...
5:105. O ye who believe!
... عَلَيْكُمْ أَنفُسَكُمْ لاَ يَضُرُّكُم مَّن ضَلَّ إِذَا اهْتَدَيْتُمْ ...
guard your own souls:
if ye follow (right) guidance, no hurt can come to you from those who stray.
... إِلَى اللّهِ مَرْجِعُكُمْ جَمِيعًا فَيُنَبِّئُكُم بِمَا كُنتُمْ تَعْمَلُونَ ﴿١٠٥﴾
The goal of you all is to Allah:
it is He that will show you the truth of all that ye do.
C811. The unity of the one Judge will do perfect justice to each one's conduct, however different in form it may have appeared in this world.
يِا
أَيُّهَا
الَّذِينَ
آمَنُواْ ...
5:106. O ye who believe!
... شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ...
when death approaches any of you, (take) witnesses among yourselves
... حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ ...
when making bequests, two just men of your own (brotherhood) or others from outside
... إِنْ أَنتُمْ ضَرَبْتُمْ فِي الأَرْضِ فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ ...
if ye are journeying through the earth, and the chance of death befalls you (thus).
... تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلاَةِ فَيُقْسِمَانِ بِاللّهِ...
If ye doubt (their truth), detain them both after prayer, and let them both swear by Allah:
... إِنِ ارْتَبْتُمْ لاَ نَشْتَرِي بِهِ ثَمَنًا وَلَوْ كَانَ ذَا قُرْبَى...
"We wish not in this for any worldly gain, even though the (beneficiary) be our near relation:
... وَلاَ نَكْتُمُ شَهَادَةَ اللّهِ إِنَّا إِذًا لَّمِنَ الآثِمِينَ ﴿١٠٦﴾
we shall hide not the evidence before Allah: if we do, then behold! the sin be upon us!"
C812. Ordinarily this oath should be decisive, and the matter must rest here.
But if it gets known that the oath was false, other evidence may be taken as in the next verse.
فَإِنْ
عُثِرَ عَلَى
أَنَّهُمَا
اسْتَحَقَّا
إِثْمًا ...
5:107. But if it gets known that these two were guilty of the sin (of perjury).
C813. Istahaqqa: Deserved having something (good or evil) attributed to one; hence the alternative meanings:
- committed or was guilty (of a sin):
- had or claimed a lawful right (to property).
The procedure was followed in an actual case in the Prophet's life-time.
A man from Madinah died abroad, having made over his goods, to two friends, to be delivered to his designated heirs in Madinah. They, however, kept back a valuable silver cup. When this was found out, oaths were taken from those who knew, and justice was done.
... فَآخَرَانِ يِقُومَانُ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الأَوْلَيَانِ...
Let two others stand forth in their places, nearest in kin from among those who claim a lawful right:
... فَيُقْسِمَانِ بِاللّهِ ...
let them swear by Allah:
... لَشَهَادَتُنَا أَحَقُّ مِن شَهَادَتِهِمَا وَمَا اعْتَدَيْنَا إِنَّا إِذًا لَّمِنَ الظَّالِمِينَ ﴿١٠٧﴾
"We affirm that our witness is truer than that of those two, and that we have not trespassed (beyond the truth): if we did, behold! the wrong be upon us
Asad’s Version:
5: 106
Asad O you who have attained to faith! Let there be witnesses to what you do when death approaches you and you are about to make bequests: two persons of probity from among your own people, or – if the pangs of death come upon you while you are traveling far from home – two other persons from [among people] other than your own. Take hold of the two after having prayed; and if you have any doubt in your mind, let each of them swear by God, “ We shall not sell this [our word] for any price, even though it were [for the sake of] a near kinsman; and neither shall we conceal aught of what we have witnessed before God – or else, may we indeed be witnessed before God – or else, may we indeed be counted among the sinful.”
Yusuf Ali O ye who believe! when death approaches any of you (take) witnesses among yourselves when making bequests two just men of your own (brotherhood) or others from outside if ye are journeying through the earth and the chance of death befalls you (thus). If ye doubt (their truth) detain them both after prayer and let them both swear by Allah: "We wish not in this for any worldly gain even though the (beneficiary) be our near relation: we shall hide not the evidence before Allah: if we do then behold! the sin be upon us!"
Pickthall O ye who believe! Let there be witnesses between you when death draweth nigh unto one of you, at the time of bequest two witnesses, just men from among you, or two others from another tribe, in case ye are campaigning in the land and the calamity of death befall you. Ye shall empanel them both after the prayer, and, if ye doubt, they shall be made to swear by Allah (saying): We will not take a bribe, even though it were (on behalf of) a near kinsman nor will we hide the testimony of Allah, for then indeed we should be of the sinful.
Transliteration Ya_ ayyuhal lazina a_manu_ syaha_datu bainikum iza_ hadara ahadakumul mautu hinal wasiyyatisna_ni zawa_ 'adlim minkum au a_khara_ni min gairikum in antum darabtum fil ardi fa asa_batkum musibatul maut(i), tahbisu_nahuma_ mim ba'dis sala_ti fa yuqsima_ni billa_hi inirtabtum la_ nasytari bihi samanaw wa lau ka_na za_ qurba_, wa la_ naktumu syaha_datalla_hi inna_ izal laminal a_simin(a).
5: 107
Asad But if afterwards it should come to light that the two [witnesses] have become guilty of [this very] sin, then two others – from among those whom the two former have deprived of their of their right – shall take their place and shall swear by God, “Our testimony is indeed truer than the testimony of these two, and we have not transgressed the bounds of what is right-or else, may we indeed be counted among the evildoers!”
Yusuf Ali But if it gets known that these two were guilty of the sin (of perjury). Let two others stand forth in their places nearest in kin from among those who claim a lawful right: let them swear by Allah: "We affirm that our witness is truer than that of those two and that we have not trespassed (beyond the truth): if we did behold! the wrong be upon us!
Pickthall But then, if it is afterwards ascertained that both of them merit (the suspicion of) sin, let two others take their place of those nearly concerned, and let them swear by Allah, (saying): Verily our testimony is truer than their testimony and we have not transgressed (the bounds of duty), for then indeed we should be of the evil-doers.
Transliteration Fa in 'usira 'ala_ annahumastahaqqa_ isman fa a_khara_ni yaqu_ma_ni maqa_mahuma_ minal lazinastahaqqa 'alaihimul aulaya_ni fa yuqsima_ni billa_hi lasyaha_datuna_ ahaqqu min syaha_datihima_ wa ma'tadaina_, inna_ izal laminaz za_limin(a).
5: 108
Asad Thus it will be more likely that people will offer testimony in accordance with the truth- or else they will [have cause to] fear that their oaths will be refuted by the oaths of others. Be then conscious of God, and hearken [unto Him]: for god does not bestow his guidance upon iniquitous folk.
Yusuf Ali That is most suitable: that they may give the evidence in its true nature and shape or else they would fear that other oaths would be taken after their oaths. But fear Allah and listen (to His counsel): for Allah guideth not a rebellious people.
Pickthall Thus it is more likely that they will hear true witness or fear that after their oath the oath (of others) will be taken. So be mindful of your duty (to Allah) and hearken. Allah guideth not the froward folk.
Transliteration Za_lika adna_ ay ya'tu_ bisy syaha_dati 'ala_ wajhiha_ au yakha_fu_ an turadda aima_num ba'da aima_nihim, wattaqulla_ha wasma'u_, walla_hu la_ yahdil qaumal fa_siqin(a).
[[ Ali’s notes - 812 Ordinarily this oath should be decisive, and the matter must rest here. But if it gets known that the oath was false, other evidence may be taken as in the next verse. (5.106)
813 Istahaqqa = Deserved having something (good or evil) attributed to one; hence the alternative meanings: (1) committed or was guilty (of a sin): (2) had or claimed a lawful right (to property). The procedure was followed in an actual case in the Prophet's life-time. A man from Madinah died abroad, having made over his goods, to two friends, to be delivered to his designated heirs in Madinah. They, however, kept back a valuable silver cup. When this was found out, oaths were taken from those who knew, and justice was done. (5.107) ]]