Tafheem ul Quran
Surah 2 Al-Baqarah, Ayat 282-282
يٰۤـاَيُّهَا الَّذِيۡنَ اٰمَنُوۡۤا اِذَا تَدَايَنۡتُمۡ بِدَيۡنٍ اِلٰٓى اَجَلٍ مُّسَمًّى فَاكۡتُبُوۡهُ ؕ وَلۡيَكۡتُب بَّيۡنَكُمۡ كَاتِبٌۢ بِالۡعَدۡلِ وَلَا يَاۡبَ كَاتِبٌ اَنۡ يَّكۡتُبَ كَمَا عَلَّمَهُ اللّٰهُ فَلۡيَكۡتُبۡ ۚوَلۡيُمۡلِلِ الَّذِىۡ عَلَيۡهِ الۡحَـقُّ وَلۡيَتَّقِ اللّٰهَ رَبَّهٗ وَلَا يَبۡخَسۡ مِنۡهُ شَيۡـئًا ؕ فَاِنۡ كَانَ الَّذِىۡ عَلَيۡهِ الۡحَـقُّ سَفِيۡهًا اَوۡ ضَعِيۡفًا اَوۡ لَا يَسۡتَطِيۡعُ اَنۡ يُّمِلَّ هُوَ فَلۡيُمۡلِلۡ وَلِيُّهٗ بِالۡعَدۡلِؕ وَاسۡتَشۡهِدُوۡا شَهِيۡدَيۡنِ مِنۡ رِّجَالِكُمۡۚ فَاِنۡ لَّمۡ يَكُوۡنَا رَجُلَيۡنِ فَرَجُلٌ وَّامۡرَاَتٰنِ مِمَّنۡ تَرۡضَوۡنَ مِنَ الشُّهَدَآءِ اَنۡ تَضِلَّ اِحۡدٰٮهُمَا فَتُذَكِّرَ اِحۡدٰٮهُمَا الۡاُخۡرٰىؕ وَ لَا يَاۡبَ الشُّهَدَآءُ اِذَا مَا دُعُوۡا ؕ وَلَا تَسۡـئَمُوۡۤا اَنۡ تَكۡتُبُوۡهُ صَغِيۡرًا اَوۡ كَبِيۡرًا اِلٰٓى اَجَلِهٖؕ ذٰ لِكُمۡ اَقۡسَطُ عِنۡدَ اللّٰهِ وَاَقۡوَمُ لِلشَّهَادَةِ وَاَدۡنٰۤى اَلَّا تَرۡتَابُوۡٓا اِلَّاۤ اَنۡ تَكُوۡنَ تِجَارَةً حَاضِرَةً تُدِيۡرُوۡنَهَا بَيۡنَكُمۡ فَلَيۡسَ عَلَيۡكُمۡ جُنَاحٌ اَلَّا تَكۡتُبُوۡهَا ؕ وَاَشۡهِدُوۡۤا اِذَا تَبَايَعۡتُمۡ وَلَا يُضَآرَّ كَاتِبٌ وَّلَا شَهِيۡدٌ ؕ وَاِنۡ تَفۡعَلُوۡا فَاِنَّهٗ فُسُوۡقٌ ۢ بِكُمۡ ؕ وَ اتَّقُوا اللّٰهَ ؕ وَيُعَلِّمُكُمُ اللّٰهُ ؕ وَاللّٰهُ بِكُلِّ شَىۡءٍ عَلِيۡمٌ
﴿2:282﴾
(2:282) Believers! Whenever you contract a debt from one another325
for a known term, commit it to writing.326 Let a scribe write it
down between you justly, and the scribe may not refuse to write it down according
to what Allah has taught him; so let him write, and let the debtor dictate;
and let him fear Allah, his Lord, and curtail no part of it. If the debtor be
feebleminded, weak, or incapable of dictating, let his guardian dictate equitably,
and call upon two of your men as witnesses;327 but if two men are
not there, then let there be one man and two women as witnesses from among those
acceptable to you328 so that if one of the two women should fail
to remember, the other might remind her. Let not the witnesses refuse when they
are summoned (to give evidence). Do not show slackness in writing down the transaction,
whether small or large, along with the term of its payment. That is fairest
in the sight of Allah; it is best for testimony and is more likely to exclude
all doubts. If it be a matter of buying and selling on the spot, it is not blameworthy
if you do not write it down;329 but do take witnesses when you
settle commercial transactions with one another. And the scribe or the witness
may be done no harm.330 It will be sinful if you do so. Beware
of the wrath of Allah. He teaches you the Right Way and has full knowledge of
everything.
Notes
325. This is the basis of the rule that the time for the repayment of a loan
should be fixed at the time when the loan is transacted.
326. When friends and relatives borrow from one another it is generally considered
unseemly either to commit these loans to writing, or to have them attested by
witnesses. Such an act is considered a sign of distrust. But God enjoins that
whenever loans or business transactions take place, their conditions should
be recorded in black and white and should be attested by witnesses so that there
remains no ground for misunderstanding or dispute. It is mentioned in the Hadith
that three kinds of people who air their grievances to God go unheeded. The
first is the man who does not divorce his wife despite her being of bad character.
The second is the guardian of the orphan who hands over the latter's property
to him before his having attained the age of majority. The third is he who loans
out his money to a person without making anyone a witness to that transaction.
(Cited by Jassas. Ahkam al-Qur'an, vol. 1, p. 481; also Ibn Kathir, in commentary
on 4: 5, citing this as a Tradition from Abu Musa al-Ash'ari mentioned bv Ibn
Jarir al-Tabari - Ed.)
327. That is, from among Muslim males. This shows that wherever one has a
choice, one should appoint only Muslims as one's witnesses. In the case of non-Muslim
subjects of the Islamic State (ahl al-Dhimmah), however, they may appoint witnesses
from among themselves.
328. What is implied is that every Tom, Dick or Harry is not worthy of acting
as a witness. Rather, persons of high integrity enjoying public credibility
should be appointed as witnesses.
329. The purpose of this directive is to stress that it is better for even
day-to-day sales to be written down, as has become customary nowadays (viz.
the issuance of invoices). Such a procedure, however, has not been made obligatory.
Likewise, it is not objectionable if neighbouring shopkeepers do not record
the frequent transactions that take place between them.
330. This means that no person should be compelled to write the document
or be its witness. It also means that no party of a dispute should persecute
either a scribe or witness for witnessing against the interests of that party.