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 Post subject: Re: Did 65:2 abrogate 5:106-108?
PostPosted: 17 Sep 2010, 14:57 
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This is the last example `Ataaya gives in his book حقيقة النسخ وطلاقة النص في القرآن, pages 409-410, of the openness of text and what it means. He explains that the will witnessing verse, 5:106, establishes a default framework within which other commands operate. That is, it sets a principle and rule of Islamic law, that wills must be witnessed by at least two people, regardless of their affiliation.

Within the framework of that principle, other commands operate. So, for instance, if there are two credible Muslim witnesses available, they should have priority in witnessing a will. But if there aren't for whatever reason, then any two witnesses will do. That is what the openness of text means. It is better to have any witnesses than to have none.

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 Post subject: Re: Did 65:2 abrogate 5:106-108?
PostPosted: 05 Dec 2010, 16:05 
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As usual, Dr. Mustafa Zayd asks the pro-abrogation folk the logical question they did not cover while claiming an abrogation case. In his book النسخ في القرآن الكريم, volume 2, pages 210-212 (items 1027-1032), he asks those who say that the two witnesses must be Muslim, "So what happens if there are no Muslims around at the time a Muslim is dying and wants to give his will, and only non-Muslims are present?" Silence.

Dr. Zayd also asks, "How can consensus be claimed here that 5:106 was abrogated when scholars such as Ibn Abbaas, Sa`eed ibn Al-Musayyib, Sa`eed ibn Jabeer, Ibn Seereen, Qataada, Ash-Sha`bi, Ath-Tawri, Ibn Hanbal, At-Tabari, Abu-Ja`far An-Nahhaas, Ibn Al-Jawzi and Ibn Katheer all said it was not?!"

Ibn Abbaas understood "or" in the verse not to mean an equal choice, but a second choice, i.e., only if two Muslims witnesses cannot be found.

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 Post subject: Re: Did 65:2 abrogate 5:106-108?
PostPosted: 04 Aug 2013, 12:50 
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Abdul-Muta`aal Al-Jabri refutes this case in his book لانسخ في القرآن...لماذا؟, pages 118-120. He mentions the circumstance of revelation, as reported by Al-Bukhaari and At-Tirmizhi and narrated by Ibn Abbaas, when a man from the tribe of Sahm died on the road. He was traveling with two non-Muslims. The Prophet (PBUH) had the two men make the oath stated in 5:106-108 and accepted their testimony about the man's will.

Al-Jabri states that the words used in these verses are a protocol to be followed whenever this situation happens.

He says that Ibrahim An-Nakh`i argued for abrogation because, he said, a deviant's testimony (الفاسق) is unacceptable, all the more reason to reject the testimony of an infidel. With all due respect, this is flawed logic, because a non-Muslim may be a truthful person while a deviant, regardless of his religion, is not likely to be. Al-Jabri laments that in today's society, some of those who profess to be Muslims are professional witnesses for hire!

Al-Jabri says that some scholars he didn't name rejected the abrogation claim saying that the verses are particular to the story of the man from Sahm. I have to disagree, because the Quran is for all time and all people.

Al-Jabri's refutation is identical to mine: 65:2 is about testimony for divorce and 5:106-108 are about testimony for a will of a dying man on the road who cannot find two upright Muslims to be his witnesses.

Consequences:
Al-Jabri implies that accepting this claim means a possible squandering of some estates due to corrupt witnesses who only appear to be upright Muslims, while truly upright witnesses were available who happen to be non-Muslim.

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 Post subject: Re: Did 65:2 abrogate 5:106-108?
PostPosted: 23 Sep 2013, 19:17 
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Abu-Abdillah Shu`la, in his book صفوة الراسخ في علم المنسوخ والناسخ, pages 133-135, discusses this claim but does not vote on it. Two of the opinions he referenced are diametrically opposed!

  • Judge Shurayh ibn Al-Haarith agreed with the majority that testimony regarding a will of a Muslim by two non-Muslims witnesses to it is accepted. But while the majority have said that the acceptance is contingent upon inability of the decadent to find two Muslim witnesses at the time he made his will, Shurayh has ruled that this condition is unnecessary because the verse is general.

  • Abu-haneefa, Maalik and Ash-Shaafi`i have all ruled that the testimony of a non-Muslim in a matter of the will of a Muslim is never accepted.

Shu`la mentions an interesting interpretation by An-Nahhaas: he says that الشهادة mentioned in the verse could mean presence, not testimony. That is certainly valid in Arabic.

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 Post subject: Re: Did 65:2 abrogate 5:106-108?
PostPosted: 26 Apr 2014, 19:13 
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Dehlvi, in his book الفوز الكبير في أصول التفسير, page 64, agrees with Ibn Hanbal who took verse 5:106 at face value. He ruled that when no Muslims are available, then a dying man may solicit for witness to his will two non-Muslims.

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