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Text and translation
English translation
3605. It was narrated from Ash-Sha‘bī that death came to a Muslim man in Daqūqā’, and he could not find any Muslim to witness his will, so he asked two men from Ahl Al-Kitāb to witness it. They came to Al-Kūfah and went to Abū Mūsā Al-Ash‘arī and told him, and they brought his estate and his will. Al-Ash‘arī said: “This is something that did not happen again after the incident during the time of the Messenger of Allāh ﷺ. He asked them to swear an oath by Allāh after ‘Aṣr (prayer) that they had not betrayed, lied, changed,
concealed or altered (anything), and that it was indeed the will and estate of the man. Then he accepted their testimony.” (Da'if)
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Commentary
These two narrations show that if a Muslim dies at a place where there is no Muslim, it is allowed to have a non-Muslim witness, and to confirm the truth and validity of the testimony, they can be asked to take an oath. The second narration is also narrated in Ṣaḥīḥ Al-Bukhārī. So it proves that the verdict of the Prophet ﷺ was exact according to the revelation.
