This verse contains an important issue connected to the bequest or will-making. A human being must manage his affairs as he approaches his next life. The most important thing connected to the will is the settling of all debts. The person who makes a will before his death should do so for the part of his wealth not subject to inheritance laws, as demarcated by the Prophet (saws). He also should make his will with full conviction that he has to leave this world after doing all that he can do of goodness in it, and that this bequest is the last of what he is doing to earn the pleasure of Allah (swt).

(…يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ  ) (O you who have believed, testimony [should be taken] among you …): The Arabic word which means testimony, is taken from the word Mash-had, which means ‘a scene’.  Therefore, when a person gives testimony, it means he witnesses a scene and testifies to it. He testifies that the religion is true, that will-making us a form of charity and that the person who is making the bequest makes it according to the limits set by the Prophet (saws), as he has said:

“Allah (SWT) has given each person who has rights his rights, but there is no bequest for an heir.”[1]

(… إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ… ) (…when death approaches one of you ): Here, it is as if death is the one which comes, as it will surely come, as Allah (swt) tells us:

 أَيْنَمَا تَكُونُواْ يُدْرِككُّمُ الْمَوْتُ وَلَوْ كُنتُمْ فِي بُرُوجٍ مُّشَيَّدَةٍ

(Wherever you may be, death will overcome you—even if you were in fortified towers) (Al-Baqara: 285)

This overcoming of death is one of encirclement and encompassment.

(… حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ… ) (…at the time of bequest – [that of] two just men from among you …): i.e., two just and trustworthy people among you in testifying.

(… أَوْ آخَرَانِ مِنْ غَيْرِكُمْ… ) (…Or two others from outside …): i.e. be they Muslims or not.

(… فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ… ) (…and the disaster of death should strike you …): Allah (swt) calls death a disaster, while it will truly happen, as Allah (swt) says in another verse too:

} وَلَنَبْلُوَنَّكُمْ بِشَيْءٍ مِّنَ الْخَوفْ وَالْجُوعِ وَنَقْصٍ مِّنَ الأَمَوَالِ وَالأنفُسِ وَالثَّمَرَاتِ وَبَشِّرِ الصَّابِرِينَ (155) الَّذِينَ إِذَا أَصَابَتْهُم مُّصِيبَةٌ قَالُواْ إِنَّا لِلّهِ وَإِنَّا إِلَيْهِ رَاجِعونَ{

(We will certainly test you with a touch of fear and famine and loss of property, life, and crops. Give good news to those who patiently endure— (155) who, when faced with a disaster, say, “Surely to Allah we belong and to Him we will (all) return) (Al-Baqara: 156)

Why is death considered a disaster, while we know that it, and what follows it of meeting Allah, Exalted is He, is the truth? The answer is: Due to the incidence of separation after there having been a closeness; in the family unit, with neighbours and relatives and with the people around. The human being has gotten used to life in this manner, thus the shift from one life to the other is seen as a disaster. Therefore, the Prophet (saws) has said:

“The eye weeps and the heart grieves, but we say only what our Lord is pleased with, and we are grieved over being separated from you, Ibrahim”[2]

In summary, it is considered a disaster due to the separation it causes.

(… تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلَاةِ… ) (…Detain them after the prayer…): This means that they are to be detained after prayer until they give their testimony, as this will be where they will be most truthful, since they had just stood in front of Allah (swt). For prayer is a connection and meeting with Allah (swt).

(… فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ… ) (…and let them both swear by Allah if you doubt [their testimony, saying],…): Until there is no doubt whatsoever and what remains is the oath.

(  لَا نَشْتَرِي بِهِ ثَمَنًا وَلَوْ كَانَ ذَا قُرْبَىٰ ۙ وَلَا نَكْتُمُ شَهَادَةَ اللَّهِ إِنَّا إِذًا لَّمِنَ الْآثِمِينَ… ) (…We will not exchange our oath for a price, even if he should be a near relative, and we will not withhold the testimony of Allah. Indeed, we would then be of the sinful): Meaning: “We will say the truth and will say honestly what he has bequeathed, even though he is a near relative or any such circumstance. We will say the truth so that we will not be among the sinful.”

[1] Sunan ibn Majah: Book of Bequest, Chapter of There is No Bequest for an Heir, Hadith No. 2714.

[2] Sahih al-Bukhari: Book of Funerals, Chapter of The Prophet’s saying: “and we are grieved over being separated from you”, Hadith No. 1241.