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.

331. This does not mean that pledge transactions are confined to journeys alone. These transactions have been specially mentioned in the context of journeys because during journeys people often have to resort to pledge transactions. Moreover, it has not been laid down that pledge transactions may be entered into only when a scribe is not available to write down the transaction. It is also permissible, if the lender is not satisfied merely with the written promise of the repayment of the loan, for the borrower to seek a loan by pledging some property to the lender. But since the Qur'an urges its followers to be generous in their dealings, and since it is inconsistent with high standards of moral excellence not to make loans to needy persons without keeping some property in custody, the Qur'an has abstained from mentioning this form of dealing even though it is permissible.

It should also be noted that the purpose of taking a pledge is merely to assure the lender the return of his loan. He has no right at all to benefit from the pledged property. If a person lives, say, either in the building which has been pledged, or pockets its rent, he is guilty of taking interest. There is no essential difference between charging interest directly and using the pledged property. If, however, either cattle or beasts of burden have been pledged, they can be milked and used for transport in lieu of the fodder that one provides them during the period of custody.

332. Concealing true evidence applies both to a person not appearing to give evidence and to his avoidance of stating facts.