The Quran

107

Preface

فَإِن عُثِرَ عَلىٰ أَنَّهُمَا استَحَقّا إِثمًا فَآخَرانِ يَقومانِ مَقامَهُما مِنَ الَّذينَ استَحَقَّ عَلَيهِمُ الأَولَيانِ فَيُقسِمانِ بِاللَّهِ لَشَهادَتُنا أَحَقُّ مِن شَهادَتِهِما وَمَا اعتَدَينا إِنّا إِذًا لَمِنَ الظّالِمينَ

Yusuf Ali

But if it gets known that these two were guilty of the sin (of perjury), let two others stand forth in their places,- nearest in kin from among those who claim a lawful right:¹ let them swear by God. “We affirm that our witness is truer than that of those two, and that we have not trespassed (beyond the truth): if we did, behold! the wrong be upon us!”

Istahaqqa = Deserved having something (good or evil) attributed to one; hence the alternative meanings: (1) committed or was guilty (of a sin); (2) had or claimed a lawful right (to property). The procedure was followed in an actual case in the Prophet’s lifetime. A man from Medīna died abroad, having made over his goods, to two friends, to be delivered to his designated heirs in Medīna. They however, kept back a valuable silver cup. When this was found out, oaths were taken from those who knew, justice was done.