two just men from among you at the time of making a bequest,” meaning, from among the Muslims; “or two others from outside your community,” that is, non-Muslims. Thus, His saying, “two,” is the predicate of the subject, while “or two others” is coordinated with it—meaning, or the testimony concerning this bequest may be that of “two others from outside your community,” on the condition that “you are traveling through the land,” meaning, you are journeying, “and the calamity of death befalls you” [al-Ma'idah 5:106]—that is, death comes upon you. These two others from outside your community are present with you, so have them witness the bequest, even though the bequest may harm the heirs, since a portion of the wealth will be set aside for it.

For example, a man may be traveling and die while accompanied by two non-Muslims. He entrusts them with his will, saying: “I call you both to witness that I have bequeathed one-third of my wealth to be spent on such-and-such.” We accept their testimony even though they are disbelievers and despite the harm this may cause the heirs. Yet the verse contains a precaution: “If you are traveling through the land and the calamity of death befalls you, detain them both after the prayer, and let them swear by Allah.” But when is this done? “If you doubt” [al-Ma'idah 5:106]. Thus, if you have no doubt, there is no need to detain them. This indicates that we may not have doubts concerning the testimony of a disbeliever, and it supports what we mentioned earlier regarding the case in which an incident is conveyed by means of an image.

His saying, “Detain them both after the prayer,” means after the afternoon prayer. What is meant by detaining them is that they are brought forward and made to stand, “then let them swear by Allah, if you doubt: ‘We will not barter it for any price, even if he were a near relative, nor will we conceal Allah’s testimony; indeed, then we would surely be among the sinful’” [al-Ma'idah 5:106]. That is, we did not testify for the sake of any worldly gain, even if the person concerned were our closest relative; nor would we conceal Allah’s testimony: “Indeed, then we would surely be among the sinful” [al-Ma'idah 5:106]. This verse therefore provides clear evidence for accepting the testimony of a non-