O ye who believe! When death approaches any of you, (take) witnesses among yourselves when making bequests,- two just men of your own (brotherhood) or others from outside if ye are journeying through the earth, and the chance of death befalls you (thus). If ye doubt (their truth), detain them both after prayer, and let them both swear by Allah: "We wish not in this for any worldly gain, even though the (beneficiary) be our near relation: we shall hide not the evidence before Allah: if we do, then behold! the sin be upon us!" (106)
Tafsir
If a man is on a journey and he senses that the time of his death is approaching, he should seek out two Muslims and hand over his personal possessions to them with proper instructions about bequeathing them to his inheritors. If he cannot find two Muslims in time, he should do likewise with two non-Muslims. These two persons should bring his possessions and hand them over to his heirs. At that time, if the inheritors have any doubts about the statement of the witnesses, they (the latter) should be detained in a mosque and should be made to take an oath before the general body of Muslims, which will testify that whatever they have said on behalf of the deceased was correct. If the inheritors are not satisfied with the statement on oath of the witnesses, then two of the inheritors should take an oath to that effect. Thereafter, a decision should be taken in accordance with their declaration. The giving of this right to the inheritors amounts to the establishment of a check, due to which no one will dare to commit a breach of trust.
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