Surah Al-Baqarah 2:282-283 - Quran Translation Commentary

282. O you who believe ! when you deal with one another in transactions⁴⁶⁶ involving debt for a fixed period of time reduce them to writing.⁴⁶⁷ Let a scribe write down faithfully as between the parties; let not the scribe refuse to write as Allah has taught him, so let him write,⁴⁶⁸ and let him who incurs liability dictate,⁴⁶⁹ and let him fear Allah, his Lord, and not diminish anything of what he owes. And if he who owes the debt is of low understanding, or weak, or unable himself to dictate, then let his guardian dictate faithfully. And get two witnesses⁴⁷⁰ from amongst your men. And if there are not two men, then a man and two women, the persons being such as you choose for witnesses⁴⁷¹ so that if one of the women errs, the other may remind⁴⁷² her. The witnesses should not refuse when they are called. Be not averse to write down the document for a specified period, whether the amount be small or big. That is more equitable in the sight of Allah and more firm for testimony, and the best way to avoid doubts among yourselves. And it be a transaction which you carry out on the spot among yourselves, there is no blame on you if you do not reduce it to writing. And have witnesses when you have commercial transaction and let no harm be done to the scribe or the witness. If you do, it would be wickedness in you. So fear Allah;⁴⁷³ for Allah teaches you. And Allah knows all things.

283. If you are on a journey and cannot find a scribe, a pledge with possession⁴⁷⁴ (may suffice ). And if one of you deposits a thing on trust with another, let the trustee faithfully discharge his trust and let him fear his Lord.Conceal not evidence; for whoever conceals it, his heart is tainted with sin. And Allah knows all that you do.

Commentary

466. In this verse are given instructions in connection with the clean and honest business transactions because these business or commercial transactions have a serious effect on the character of men. If the ideal is cleanliness and purity of character, then highly responsible and cautious attitude will have to be adopted in the business and commercial dealings and transactions. If the instructions which are given here are followed scrupulously then the business disputes and quarrels in our day to day lives will be avoided.

467.That is: The debt transaction should be written down and no hesitation or laziness should be shown in getting that document prepared.

468. The ability to write is the gift of Allah and this gift demands that when necessity calls for it, the man gifted with this ability should help his fellow beings. To understand the full significance of these instructions it is necessary to keep in mind the conditions then prevailing, when educated and literate men were few in number, so much so that the nation in which the Quran was revealed was called the nation of illiterates (Ummi). The text of the verse also reflects that Quran has emphasised the importance of learning to read and write and has termed it as a blessing from Allah.

469. That is: The debtor or the borrower .

470. That is: On the document of the debt or loan, witness of two men should be taken. It should be kept in mind that these instructions are being given to Muslims.

471. That is : The witnesses be such men and women who may be reliable and acceptable on account of their conduct and character.

472. To consider one man’s evidence equivalent to that of two women is in no way meant as an insult to women. As stated by the Quran there is more likelihood of women committing errors and it is a fact that women are more concerned with the domestic and family affairs rather than with the business or commercial matters. Therefore, they lack the deep insight in matters concerning business or commercial transactions and consequently there are more chances of their committing errors.

Besides, their judgment is generally influenced by their emotional considerations. Modern psychology supports this view. In this connection, below are reproduced a few extracts from Maulana Abdul Majid Darya-badi’s English commentary on the Holy Quran: “In women deception is almost psychological.” (Havelock Ellis: Man and Woman P. 196)

“We are again forced to admit that a woman is not in a position to judge objectively being influenced by her emotion.” (Baver, op. cit.i.p. 289).

On account of this psychology of women Islam has adopted this cautious attitude in its Law of Evidence that if out of the two male witnesses one may not be available then one male and two female witnesses may be taken so that if one female witness has not been able to understand the matter fully or is unable to state the matter properly, the other should he able to remind or help her.

473. Man should always have fear of Allah in all matters, commercial and judicial.

474. Pledge with possession is given as deposit to the person giving the debt by the borrower and this thing given in his possession is to be returned by him to the debtor on repayment of the debt without making any profit from this transaction. For example, if a house is pledged with possession to the giver of the debt, then he has no right to receive the rent of the house from the tenants. There is no condition to be on journey for making this transaction of pledge;. ‘The mention of journey is made here because generally debt is required to be incurred in this condition’ Besides, morally also it is not proper to deprive the needy person of some important thing temporarily for giving him debt without some good reason. However, if some person agrees to give debt after taking into his possession something of the debtor as deposit, it can be done ordinarily or while on journey, provided no interest is taken nor any other profit is made, for any profit that is made for giving debt will be interest.