SECTION OF LEGAL MATTERS · 19 – THE TESTIMONY OF DHIMMIS AND WILLS DURING EXPEDITIONS
Sha'bi, may Allah be pleased with him, narrated: A Muslim died in Dakuqa. Having found no Muslims to witness his will, he appointed two non-Muslims as witnesses. These non-Muslims came to Kufa and informed Abu Musa al-Ash’ari about the deceased’s will. They presented his possessions and his will. Abu Musa al-Ash'ari said: “This is an event that has never occurred from the time of the Messenger of Allah until today.” Then, he made them swear by Allah that they had not committed treachery, lied, altered anything, withheld anything, or changed anything, and validated their testimony after they swore that the will was indeed the will of this deceased and that the possessions were truly his left behind.
It is narrated from Ibn Abbas, may Allah be pleased with him, that:
A person from the Banu Sahm tribe traveled with Tamim ad-Dari and Adiy bin Baddah. This man from the Banu Sahm died in a land where Muslims were not found. They brought back his possessions, Tamim ad-Dari and Adiy bin Baddah. But it was discovered that there was no silver goblet gilded with gold among his belongings. The Messenger of Allah, peace and blessings be upon him, made both of them swear. Then the goblet was found in Mecca. Its owners said, “We obtained this goblet from Tamim ad-Dari and Adiy bin Baddah.” Upon this, two individuals from the relatives of the deceased man from the Banu Sahm tribe stood up and said, “(As Muslims) our testimony is more reliable than the testimony of Tamim and Adiy. And this cup belongs to our friend.” Then the verse, “O you who believe, when death approaches one of you, and he makes a will, let two just persons among you bear witness…” was revealed to them (Surah al-Ma’idah, 106).