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Sunan Abi Dawud 3605 (Book 25, Hadith 35) #23895
Witnessing a Will without a Muslim

SUMMARY: A Muslim man was about to die and had no Muslim witness to his will, so he called two men of the Book as witnesses. Abu Musa al-Ash'ari made them swear by Allah that they had not misappropriated, lied, changed or concealed anything in the will and then executed their witness.

Ash-Sha'bi said: A Muslim was about to die at Daquqa', but he did not find any Muslim to call him for witness to his will. So he called two men of the people of the Book for witness. Then they came to Kufah, and approaching AbuMusa al-Ash'ari they informed him (about his) will. They brought his inheritance and will. Al-Ash'ari said: This is an incident (like) which happened in the time of the Messenger of Allah and never occurred after him. So he made them to swear by Allah after the afternoon prayer to the effect that they had not misappropriated, nor told a lie, nor changed, nor concealed, nor altered, and that it was the will of the man and his inheritance. He then executed their witness.
حَدَّثَنَا زِيَادُ بْنُ أَيُّوبَ، حَدَّثَنَا هُشَيْمٌ، أَخْبَرَنَا زَكَرِيَّا، عَنِ الشَّعْبِيِّ، أَنَّ رَجُلاً، مِنَ الْمُسْلِمِينَ حَضَرَتْهُ الْوَفَاةُ بِدَقُوقَاءَ هَذِهِ وَلَمْ يَجِدْ أَحَدًا مِنَ الْمُسْلِمِينَ يُشْهِدُهُ عَلَى وَصِيَّتِهِ فَأَشْهَدَ رَجُلَيْنِ مِنْ أَهْلِ الْكِتَابِ فَقَدِمَا الْكُوفَةَ فَأَتَيَا أَبَا مُوسَى الأَشْعَرِيَّ فَأَخْبَرَاهُ وَقَدِمَا بِتَرِكَتِهِ وَوَصِيَّتِهِ ‏.‏ فَقَالَ الأَشْعَرِيُّ هَذَا أَمْرٌ لَمْ يَكُنْ بَعْدَ الَّذِي كَانَ فِي عَهْدِ رَسُولِ اللَّهِ ‏.‏ فَأَحْلَفَهُمَا بَعْدَ الْعَصْرِ بِاللَّهِ مَا خَانَا وَلاَ كَذِبَا وَلاَ بَدَّلاَ وَلاَ كَتَمَا وَلاَ غَيَّرَا وَإِنَّهَا لَوَصِيَّةُ الرَّجُلِ وَتَرِكَتُهُ فَأَمْضَى شَهَادَتَهُمَا

TOPICS
witness  *  will  *  inheritance  *  oath  *  execute  *  shahid  *  wasiyyah  *  mirath  *  yamin  *  qada

QUICK LESSONS:
Call upon trustworthy people from other faiths when needed; Make sure whatever is written in your wills is true and accurate; Be honest; Be trustworthy; Be accurate

EXPLANATIONS:
This hadith is about how a Muslim man was about to die at Daquqa', but he did not find any other Muslims who could be witnesses for his will. So he called two men of the people of the Book as witnesses instead. When they came to Kufah with his inheritance and will, Abu Musa al-Ash'ari asked them to swear by Allah that they had not misappropriated, lied or changed anything in it before executing their witness. This teaches us that even if we don't have any Muslims around us when we are making our wills or doing something important, we can still call upon people from other faiths who can be trusted and honest with us. We should also make sure that whatever is written in our wills is true and accurate so it can be executed properly after our death.

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