603. This is the longest verse of the Qur'an (Ibn Kathir). According to Ibn Khuwayzmandad, it consists of 30 commandments (Qurtubi).

The connection between this and the previous verses can be perceived from two angles. First, when Allah prohibited usury he declared lawful bay` al salam; for it has all the advantages that usury has, and even more. Second, when Allah enjoined the people to spend, it meant decrease in wealth. Abstaining from usury also means apparent decrease in wealth. Hence it became necessary to show a way by which it could be conserved: by taking care of one's wealth and not allowing it to be depleted through neglect. Consequently, the injunction followed to write down when lending it (Razi).

604. Ibn `Abbas (ra) says the Madinans used to sell the fruits off their orchards for a year, two and even three, (also beasts unborn: Qurtubi), until the Prophet stopped the practice by declaring: مَنْ أَسْلَفَ فِى شَىْءٍ فَفِى كَيْلٍ مَعْلُومٍ وَوَزْنٍ مَعْلُومٍ ، إِلَى أَجَلٍ مَعْلُومٍ "Whoever sold his goods in advance, may sell a known measure, weight, a known weight, to a known period" (Ibn Kathir). The hadith is in Bukhari, Muslim and others (Qurtubi).

605. Such writing down, or calling in of witnesses, as the subsequent words enjoin, is not obligatory (Qurtubi, Ibn Kathir), but if a document is prepared, then someone properly qualified and experienced in writing documents may be employed (Zamakhshari, Alusi).

606. The term "waliyy" here signifies anyone who has been delegated the powers to act on behalf of another, such as a legal advisor (Alusi).

607. With reference to the rule of two women in substitution of one male, a hadith preserved by Bukhari and Muslim is often quoted. The Prophet said: يَا مَعْشَرَ النِّسَاءِ تَصَدَّقْنَ ، فَإِنِّى أُرِيتُكُنَّ أَكْثَرَ أَهْلِ النَّارِ » . فَقُلْنَ وَبِمَ يَا رَسُولَ اللَّهِ قَالَ « تُكْثِرْنَ اللَّعْنَ ، وَتَكْفُرْنَ الْعَشِيرَ ، مَا رَأَيْتُ مِنْ نَاقِصَاتِ عَقْلٍ وَدِينٍ أَذْهَبَ لِلُبِّ الرَّجُلِ الْحَازِمِ مِنْ إِحْدَاكُنَّ » . قُلْنَ وَمَا نُقْصَانُ دِينِنَا وَعَقْلِنَا يَا رَسُولَ اللَّهِ قَالَ « أَلَيْسَ شَهَادَةُ الْمَرْأَةِ مِثْلَ نِصْفِ شَهَادَةِ الرَّجُلِ » . قُلْنَ بَلَى . قَالَ « فَذَلِكَ مِنْ نُقْصَانِ عَقْلِهَا ، أَلَيْسَ إِذَا حَاضَتْ لَمْ تُصَلِّ وَلَمْ تَصُمْ » . قُلْنَ بَلَى . قَالَ « فَذَلِكَ مِنْ نُقْصَانِ دِينِهَا "O women, give in charity, for I have seen you most in numbers in Hell." We asked, "Why is it so, O Messenger of Allah?" He said: "You curse a lot and deny favors shown to you by your husbands. I have not seen anyone more deficient of intellect and religion than you who overcome the most intelligent of men." We asked: "What's the deficiency in our religion and in our intellect?" He replied: "Is it not that a woman's testimony is declared equal to half of a man?" We said, "True." He said, "This is her deficiency in intellect. And, is it not that when she is undergoing her monthly period, she neither prays nor fasts?" We said, "True," He said, "That is her deficiency in religion" (Ibn Kathir). The text is from Bukhari (Au.).

The above implies feeble mindedness on the part of women. Whether that applies to women of the Prophet's time alone, or to women of all times, is a debatable issue. Moreover, that education breaks the rule is demonstrated by none other than the Prophet's own wife: `A'isha. She was far more intelligent than many of the outstanding Companions of the Prophet (Au.).

Women in the Eyes of Secular Law

Majid writes: "In the Jewish code the testimony of a woman is inadmissible. ‘The witnesses must be men, not women or minors (ET. p. 326).’ ‘Let not the testimony of women be admitted, on account of the levity and boldness of their sex ("Ant", IV. 8:15). ‘The witness must be a man, not a woman' (JE. V. p.177).’

The Christian world of the twentieth century also does not seem to place great trust in women. Although it is difficult to agree with the observations stated below, here are some opinions of leading Western scholars as quoted by Majid: "'In women deception is almost psychological ... The same fact is more coarsely and ungraciously stated in the proverbs of many nations, and in some countries it has led to the legal testimony of women being placed on a lower footing than that of men' (Havelock Ellis, Man and Woman, p. 196). Lombrooso and Ferrero actually regard deception as being ‘physiological' in women ...The evidence of profound psychologists, the substance of myths, the content of national proverbs, the personal experience, in short, of all those who have learnt to know women generation after generation, all point to this conclusion, that there is a certain duplicity and unscrupulousness in their nature' (Ludovici, Woman, p. 281). 'The fact that women are difficult to deal with under cross examination is well known among lawyers, and their skill in drawing red herrings across the path of any enquiry directed against themselves, makes them stubborn and evasive witnesses at all times when they have anything to conceal' (p. 320). 'We are again and again forced to admit that a woman is not in a position to judge objectively, without being influenced by her emotions' (Bauer, op.cit. I. p.289). .. 'In a court of justice women are more often found guilty of perjury than men. It is indeed to be generally questioned whether they should be allowed to take an oath at all' (Schopenhauer)."

Majid's quote ends here.

The above noted, it might be pointed out that the subjects observed were non Muslim and of the Western society. That Muslim women will, and do display entirely different characteristics, is a point no one can contend. And it is Muslim women that the Qur'an is speaking of. Accordingly, the explanation for the words: "If one of them forgets" has to be sought in the influence of the environment of simplicity and innocence in which Islam places a woman. In Islam she is kept far away from the hum drum of the markets, where it is normally men who conduct business with craft and dexterity. A woman understands little of the tactics applied in trade and commerce in quarters disapproved of even for men. (The hadith: "The best spots on the earth are the mosques, and the worst the commercial centers"). Assuming the role that Islam assigns her, a Muslim woman does not receive exposure in the same measure as men to the corrupting influences of the outer world and hence is not unlikely to forget or score confusion over the details of deals of little interest to her. Her testimony, therefore, could not have been treated as unequal to that of man solely because of lack of probity or a natural tendency to be dubious, but seems to be because of the mental state in which Islam likes to preserve her. Islam cannot lose sight of the fact that if purity of mind, simplicity and innocence are qualities that are approved of as those that must be at the bottom of every human psyche, then surely the primary source will have to remain uncorrupt.

A woman can of course refuse to accept this role and come out into the open to assume the same responsibilities as men, in consequence, measuring the same as men on I.Q. scales, but then she would no longer be that pure and innocent being that man would like to return to by the evening, in order to regain his own self in the environment of mental relaxation, innocence and purity.

The above will perhaps also explain the hadith: "I have not seen a creature more foolish (ghafilaat in the terminology of the Qur'an - 24: 23) capable of conquering the minds of the most intelligent..."

Incidentally, it should be obvious that by insisting that two women be presented as witnesses in place of a single male, Islam foils the attempts by men to drag women to the courts (Au.).

608. Allah did not use the word taksalu because kaslaan is the quality of hypocrites. A hadith tells us: "A believer should not say: kasiltu. (i.e. 'I was lazy [about an act of virtue'])" Zamakhshari, Alusi.

609. Although advisable, it is not obligatory, however, to call in witnesses for every deal. It is reported in Abu Da`ud and Nasa'i that the Prophet himself once purchased a horse from a Bedouin. Following the deal, as he was leading the man to his house in order to pay him the price, the Bedouin was offered a better price by some people who were not aware that the deal was done. The man changed his mind and shouted out to the Prophet: "I am going to sell away this horse if you will not buy it." The Prophet turned back and asked him perplexed: "I thought you had sold it to me!" The Bedouin refused that he had sold it to him and demanded a witness. There were no witnesses around. The Bedouin and he were in that situation when Khuzaymah happen to show up. After hearing what both sides had to say he said: "I bear witness that the Prophet has purchased it." The Prophet turned to him and asked him: "How could you bear witness when you were not present?" Khuzaymah said: "On the strength of your claim." The Prophet declared that thereonward Khuzayma's testimony was to be treated equivalent to that of two men (Qurtubi, Ibn Kathir and others).

610. The implication of the words: "Let no harm be done either to the scribe or the witness" is that if either of them is not inclined to offer his services, he may not be forced to do so (Ibn `Abbas, Mujahid, Ta'us, Sa`id b. Jubayr, Dahhak, Muqatil, Ibn Hayyan, Rabi`, and Suddi: Ibn Kathir).

611. As Allah has said: يَا أَيُّهَا الَّذِينَ آَمَنُوا كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّهِ وَلَوْ عَلَى أَنْفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَبِينَ إِنْ يَكُنْ غَنِيًّا أَوْ فَقِيرًا فَاللَّهُ أَوْلَى بِهِمَا فَلَا تَتَّبِعُوا الْهَوَى أَنْ تَعْدِلُوا وَإِنْ تَلْوُوا أَوْ تُعْرِضُوا فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا [النساء/135] "Believers, be you securers of justice, witness for Allah, even though it be against yourselves, or your parents and kinsmen, whether (the man) be rich or poor; Allah stands closest to either. And follow not caprice, so as to swerve; for if you twist or turn, Allah is aware of the things you do" (Ibn Kathir).

612. In this is the promise from Allah that He will grant knowledge to the man of taqwa (Qurtubi).

613. The pledging, however, is not conditional to a journey. It has been stated in this manner because it is normally in a journey that the situation of non availability of a scribe or witness arises. The Prophet had himself pledged his shield to a Jew in Madinah, (Ibn Jarir, Ibn Kathir), for thirty measures of barley that he needed for his wives (Qurtubi). The report is in Bukhari (Alusi).

614. "Deliver the trust...." this part of the verse is speaking of the third kind of deal in which there has neither been documentation in the presence of witnesses nor a thing has been pledged, (rather it was conducted in good faith: Au.) Razi.

615. When one is asked to appear for testimony, after he has been witness to a deal, the appearance is obligatory on him. So it is when he knows that with his appearance even if uninvited a wrong can be righted. But if he is not invited, and no harm is expected, then he has the choice. Allah said: وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ [الطلاق/2] "And bear witness for Allah," and the Prophet has said (as in a hadith of Bukhari: Au): انْصُرْ أَخَاكَ ظَالِمًا أَوْ مَظْلُومًا "Help your brother, whether he is the oppressor or the oppressed." (That is, if he happens to be an oppressor, prevent him from his oppression: Au.).

Further, there is no contradiction between the two ahadith in one of which the Prophet is reported to have said: " خير الشهداء الذى يأتي بشهادته قبل أن يسألها " "The best of witnesses is he who appears for testimony before he is invited," and the other hadith of Bukhari in which he said: "خَيْرُ أُمَّتِى قَرْنِى ثُمَّ الَّذِينَ يَلُونَهُمْ ثُمَّ الَّذِينَ يَلُونَهُمْ" . قَالَ عِمْرَانُ فَلاَ أَدْرِى أَذَكَرَ بَعْدَ قَرْنِهِ قَرْنَيْنِ أَوْ ثَلاَثًا "ثُمَّ إِنَّ بَعْدَكُمْ قَوْمًا يَشْهَدُونَ وَلاَ يُسْتَشْهَدُونَ ، وَيَخُونُونَ وَلاَ يُؤْتَمَنُونَ ، وَيَنْذُرُونَ وَلاَ يَفُونَ ، وَيَظْهَرُ فِيهِمُ السِّمَنُ" "The best of generation is my generation, and then of those that will follow and then of those that will follow..." (`Imran the transmitter, was not sure whether he said it twice or thrice). "Then after you will be a people who will bear witness without being invited, who will deceive and will not be trusted, who will vow but will not keep it, and in whom will appear obesity." In this second hadith the Prophet was speaking of false testimonies (Qurtubi).

Legal Points

1. A ba`y al salam (is a contract of sale in which an immediate price is paid in return of delayed delivery of the goods. Au.). It must fulfill eight conditions, some agreed to by all jurists, others not: (i) The seller must posses the material he is selling, (ii) the material should be properly specified, (iii) it should be of known quantity, (iv) delivery should be delayed, (v) the delivery date should be specified, (vi) the currency should be defined (such as gold, silver, Dinar, etc.: Au.), (vii) the amount should be specified, and, (viii) it (the amount) should be in possession of the buyer. Some jurists say the amount should be paid at the time of the deal, others allow a delay of a couple of days (Qurtubi).

2. The date of delivery must be properly specified by the calendar and not left vague such as to say: "When the crops are harvested," or "When the pilgrims start arriving," etc. (Razi, Zamakhshari, Shawkani).

3. The witnesses "...must be adults, of unimpaired reason, free men (not slaves), and of good character. Disputes are to be decided on the testimony of these witnesses, and not on the strength of the written documents, the role of which is only secondary or subsidiary" (Majid).

4. Testimony of women is not admissible in cases involving hudud (capital punishments) or marriage and divorce. Their testimony alone, to the exclusion of a male witness, is also not sufficient save where there is no recourse to it, such as in cases of determination of virginity of a girl, matters related to the birth of a child and so forth (Qurtubi, Shawkani).

5. Non Muslims cannot be witnesses in affairs involving Muslims; but, among themselves, involving their own affairs, yes, they may.