Some said: They are the two witnesses who testify to the testator’s will.

Others said: They are the two executors, because the verse was revealed concerning them and because He says, “Detain them after the prayer, and let them both swear.” An oath is not required of a witness. The requirement that there be two executors was stipulated as an added safeguard. On this view, testimony means attendance, as when you say, “I witnessed so-and-so’s will,” meaning, “I was present at it.” Allah, exalted is He, says: “Let a group of the believers witness their punishment.” (al-Nur, 2) That is, let them be present.

“Two just witnesses”: that is, possessing trustworthiness and sound judgment. “From among you”: that is, from among the people of your religion, O community of believers. “Or two others from outside your community”: that is, from outside your religion and creed, according to the majority of the commentators. This was the view of Ibn Abbas and Abu Musa al-Ashari, and also of Said ibn al-Musayyib, Ibrahim al-Nakhai, Said ibn Jubayr, Mujahid, and Ubaydah.

These scholars then differed regarding the ruling of the verse (1). Al-Nakhai and a group said: It has been abrogated. The testimony of dhimmis was initially accepted, but was later abrogated.

Others held that it remains in force, saying: If we cannot find two Muslims, then we may appoint two disbelievers as witnesses.

Shurayh said: Whoever is in a foreign land and cannot find a Muslim to witness his will, and so appoints two disbelievers as witnesses—whatever their religion, whether they are from the People of the Book or idolaters—their testimony is valid. The testimony of a disbeliever against a Muslim is not valid in any case except concerning a will made while travelling.

It is related from al-Shabi that a Muslim man was near death in Daqūqā and could not find a Muslim to witness his will. He therefore appointed two men from the People of the Book as witnesses. They arrived in Kufah with his estate and came to Abu Musa al-Ashari. Al-Ashari said, “This is a matter that has not arisen since the incident that took place in the time of the Prophet, may Allah bless him and grant him peace.” So he made them swear an oath and ratified their testimony.

Others said that His saying, “Two just witnesses from among you,” means from the testator’s own tribe; “or two others from outside your community” means from outside your tribe and clan. This was the view of al-Hasan, al-Zuhri, and Ikrimah. They said: The testimony of a disbeliever is not valid in any legal ruling whatsoever.

“If you travel”: that is, if you set out and journey through the land; “and the calamity of death befalls you”: then you make your will to them and entrust your property to them. If some of the heirs suspect them and accuse them of betrayal, the ruling in this case is that “you detain them,” that is, you hold them back, “after the prayer,” meaning after the prayer; the word “from” is merely supplementary. It means after the afternoon prayer. This is