1 The Virtues of Surah Al-Ma'idah; When It was Revealed Surah to ...

فَإِنْ‏ عُثِرَ‏ عَلَى أَن َّهُمَا اسْتَحَق َّا إِثْمًا فَآخَرَانِ‏ یِقُومَانُ‏ مَقَامَهُمَا مِنَ‏ ال َّذِینَ‏
اسْتَحَق َّ عَلَيْهِمُ‏ الأَوْلَيَانِ‏ ...
If it then becomes known that these two had been guilty
of sin, let two others stand forth in their places, nearest
in kin from among those who claim a lawful right.
... فَيُقْسِمَانِ‏ بِاللّهِ‏ لَشَهَادَتُنَا أَحَق ُّ مِن شَهَادَتِهِمَا ...
Let them swear by Allah (saying): "We affirm that our
testimony is truer than that of both of them...''
Meaning, our testimony that they have cheated is
more truthful than the testimony that they have
offered,
and that we have not trespassed (the truth),
when we accused them of treachery,
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وَمَا اعْتَدَیْنَا ...
إِن َّا إِذًا ل َّمِنَ‏ الظ َّالِمِي ‏َن
for then indeed we should be of the wrongdoers.
if we had lied about them.
This is the oath of the heirs, and preference is to be
given to their saying. Just as in the case with the oath of
relative of a murdered person if he attempts to tarnish
the case of the murdered person. So his family takes an
oath in defense of his honor. This is discussed in the
studies of the oaths in the books of Ahkam.
Allah's statement,
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ذَلِكَ‏ أَدْنَى أَن یَأْتُواْ‏ بِالش َّهَادَةِ‏ عَلَى وَجْهِهَا
That should make it closer (to the fact) that their
testimony would be in its true nature and shape (and
thus accepted),
means, the ruling requiring the two Dhimmi
witnesses to swear, if there is a doubt that they