Hadith 9

Tafseer Al Qummi – O you who believe! Keep witness between you [5: 106]. It was Revealed regarding Ibn Bindy and Ibn Abu Mariya, two Christians, and there was a man called Tameem Al Dary, a Muslim who went out with them in a journey, and there was with Tameem Al-Dary some baggage in which were utensils engraved with gold and a necklace which he had brought out to one of the Arabs markets to be sold. Tameem Al-Dary was overcome with severe illness. So when the death presented itself, he handed over whatever was with him, to Ibn Baydi and Ibn Abu Mariya, and instructed them both that they should deliver it to his inheritors. They both proceeded to Al-Medina, and they had taken from the baggage, the utensils and the necklace, and delivered the rest of that to his inheritors. The people missed the utensils and the necklace, so the family of the Tameem said to them both, ‘Was our companion ill for a long time for which he spent a lot of expenses? ’ They both said, ‘No, he was not sick except for a few days’. They said, ‘Was anything stolen from it during this journey of his’. They both said, ‘No’. They said, ‘Did he trade and incurred a loss in his trading? ’ They both said, ‘No’. They said, ‘We are missing the best things which were with him, utensils engraved with gold and jewellery and a necklace’. They both said, ‘Whatever he handed over to us, so we have given it to you’. They brought them to Rasool-Allah-saww and he-saww Obligated the oath upon them both and freed them. Then the necklace and the utensils appeared upon them, and they informed Rasool-Allah-saww with that. He-saww awaited the Command from Allah-azwj, and the Verse was Revealed up to His-azwj Words: or two other from others (non-Muslims). [5: 106] – meaning from the People of the Book. So, Allah-azwj Mighty and Majestic Allowed the testimony of the People of the Book upon the bequest only, when one was to be on a journey and does not find Muslims. after the Salat – meaning after Salat Al Asr, they should both swear by Allah – up to His-azwj Words: surely then we would be from the sinners’ [5: 106]. So, these are the first testimonies which Rasool-Allah-saww (got people to) swear on oath’. Then the Mighty and Majestic Said: Then if it was stumbled upon that they both earned a sin [5: 107], i. e. , they have testified falsely, two others should be standing in their places, – meaning from the guardians of the claimant, So they should swear by Allah, – i. e. they should both swear by Allah-azwj, ‘Our testimony is more rightful than their testimonies [5: 107], and that they have lied regarding what they have sworn by Allah-azwj. Rasool-Allah-saww ordered the guardians of Tameem Al-Dary that they should swear by Allah-azwj upon what He-azwj had Commanded with. So they swore, and Rasool-Allah-saww seized the utensils and the necklace from Ibn Baydi and Ibn Abu Mariya, and returned both of these to the guardians of Tameem’’. [9] (An opinion)