Shaykh al-Islām—may Allah have mercy on him—said:
Section
The meaning indicated by the Quran in Sūrat al-Mā’idah, in the verse concerning testimony, is as follows. In His words:
“Then, if you have doubts, they shall both swear by Allah, ‘We will not exchange it for any gain.’”
“It” refers to their statement. In “even if he is a close relative,” the subject pronoun is omitted because its referent is clear: even if the person in whose favour testimony is given is a close relative. This is like His words:
“When you speak, be just, even if it concerns a close relative.”
Likewise, He says:
“Stand firmly for justice as witnesses for Allah,”
through to His words:
“Whether he is rich or poor,”
meaning the person against whom testimony is given, and similar expressions. For false testimony is ordinarily given in return for something; no one gives false testimony without some recompense—even if only praise—or without placing someone under an obligation.
Testimony is corrupted either by distortion or by evasion: lying or concealment. Thus the two swear, “We will not exchange our statement for any gain”—meaning that we will not lie—“nor will we conceal testimony owed to Allah.” Alternatively, it means, “We will not exchange Allah’s covenant for any gain,” because the two had been entrusted with property and were therefore bound by a covenant to deliver it to its rightful recipient; a bequest is itself a covenant.
His subsequent words:
“But if it is discovered that the two have incurred sin,”
are not limited to wrongdoing committed