the view of al-Sha‘bi, al-Nakha‘i, Sa‘id ibn Jubayr, Qatadah, and the majority of the exegetes, because the followers of all religions revere that time and refrain from false oaths during it. Al-Hasan said: What is meant is after the afternoon prayer. Al-Suddi said: After the prayer of the people of their own religion and creed, since they would not be concerned with the afternoon prayer.
“Let them both swear”: that is, let them take an oath. “By Allah, if you are in doubt”: that is, if you doubt and become suspicious about the statement and truthfulness of the two witnesses—that is, the two who do not belong to your faith. If they are Muslims, then no oath is required of them. “We will not sell it for any price”: that is, we will not swear falsely by Allah in return for compensation that we receive, wealth that we acquire, or a right that we deny. “Even if he be a near relative”: even if the person in whose favour testimony is given is a relative of ours. “Nor will we conceal Allah’s testimony”: the testimony is attributed to Allah because He commanded that it be established and forbade its concealment.
Ya‘qub recited “testimony” as an indefinite noun, and “Allah” with a lengthened initial vowel, using the interrogative form in place of an oath particle. It is also narrated from Abu Ja‘far that he recited “testimony” as an indefinite noun, and “Allah” with a distinctly pronounced initial hamzah and a final kasrah (i-vowel), without an interrogative form, as the beginning of the oath; that is: “By Allah, we would then surely be among the sinful”—meaning, if we concealed it, we would be among the sinful.
When this verse was revealed, the Messenger of Allah, may Allah bless him and grant him peace, prayed the afternoon prayer and summoned Tamim and ‘Adi. He made them swear at the pulpit by Allah, besides whom there is no god, that they had not betrayed anything of what had been entrusted to them. They swore to this, and the Messenger of Allah, may Allah bless him and grant him peace, let them go.
Then the vessel appeared, and they differed concerning how it came to light (1). Sa‘id ibn Jubayr narrated from Ibn ‘Abbas, may Allah be pleased with him, that it was found in Mecca. They said, “We bought it from Tamim and ‘Adi.” Others said: After a long time had passed, they displayed it, and news of this reached Banu Sahm. They came to confront the two concerning it, and the two said, “We had bought it from him.” They said to them, “Did you not claim that our companion had sold none of his belongings?” They replied, “We had no proof, and we disliked ⦗114⦘ admitting it to you, so we concealed it for that reason.” They brought the matter before the Messenger of Allah, may Allah bless him and grant him peace, and Allah, exalted is He, revealed: “But if it is discovered...”
“But if it is discovered”: that is, if their betrayal becomes known. The basic meaning of discovery is coming upon something. “That they”—meaning the two executors—“have incurred”: that is, have become liable for, “a sin”: through their betrayal and through their oaths