2. Al-Baqarah Page 48 یٰۤاَیُّهَا O you الَّذِیْنَ who اٰمَنُوْۤا believe[d] اِذَا When تَدَایَنْتُمْ you contract with one another بِدَیْنٍ any debt اِلٰۤی for اَجَلٍ a term مُّسَمًّی fixed فَاكْتُبُوْهُ ؕ then write it وَ لْیَكْتُبْ And let write بَّیْنَكُمْ between you كَاتِبٌۢ a scribe بِالْعَدْلِ ۪ in justice وَ لَا And not یَاْبَ (should) refuse كَاتِبٌ a scribe اَنْ that یَّكْتُبَ he writes كَمَا as عَلَّمَهُ (has) taught him اللّٰهُ Allah فَلْیَكْتُبْ ۚ So let him write وَ لْیُمْلِلِ and let dictate الَّذِیْ the one عَلَیْهِ on whom الْحَقُّ (is) the right وَ لْیَتَّقِ and let him fear اللّٰهَ Allah رَبَّهٗ his Lord وَ لَا and (let him) not یَبْخَسْ diminish مِنْهُ from it شَیْـًٔا ؕ anything فَاِنْ Then if كَانَ is الَّذِیْ the one عَلَیْهِ on him الْحَقُّ (is) the right سَفِیْهًا (of) limited understanding اَوْ or ضَعِیْفًا weak اَوْ or لَا not یَسْتَطِیْعُ capable اَنْ that یُّمِلَّ (can) dictate هُوَ he فَلْیُمْلِلْ then let dictate وَلِیُّهٗ his guardian بِالْعَدْلِ ؕ with justice وَ اسْتَشْهِدُوْا And call for evidence شَهِیْدَیْنِ two witnesses مِنْ among رِّجَالِكُمْ ۚ your men فَاِنْ And if لَّمْ not یَكُوْنَا there are رَجُلَیْنِ two men فَرَجُلٌ then one man وَّ امْرَاَتٰنِ and two women مِمَّنْ of whom تَرْضَوْنَ you agree مِنَ of الشُّهَدَآءِ [the] witnesses اَنْ (so) that (if) تَضِلَّ [she] errs اِحْدٰىهُمَا one of the two فَتُذَكِّرَ then will remind اِحْدٰىهُمَا one of the two الْاُخْرٰی ؕ the other وَ لَا And not یَاْبَ (should) refuse الشُّهَدَآءُ the witnesses اِذَا when مَا that دُعُوْا ؕ they are called وَ لَا And not تَسْـَٔمُوْۤا (be) weary اَنْ that تَكْتُبُوْهُ you write it صَغِیْرًا small اَوْ or كَبِیْرًا large اِلٰۤی for اَجَلِهٖ ؕ its term ذٰلِكُمْ That اَقْسَطُ (is) more just عِنْدَ near اللّٰهِ Allah وَ اَقْوَمُ and more upright لِلشَّهَادَةِ for evidence وَ اَدْنٰۤی and nearer اَلَّا that not تَرْتَابُوْۤا you (have) doubt اِلَّاۤ except اَنْ that تَكُوْنَ be تِجَارَةً a transaction حَاضِرَةً present تُدِیْرُوْنَهَا you carry out بَیْنَكُمْ among you فَلَیْسَ then not عَلَیْكُمْ on you جُنَاحٌ any sin اَلَّا that not تَكْتُبُوْهَا ؕ you write it وَ اَشْهِدُوْۤا And take witness اِذَا when تَبَایَعْتُمْ ۪ you make commercial transaction وَ لَا And not یُضَآرَّ (should) be harmed كَاتِبٌ (the) scribe وَّ لَا and not شَهِیْدٌ ؕ۬ (the) witness وَ اِنْ and if تَفْعَلُوْا you do فَاِنَّهٗ then indeed it فُسُوْقٌۢ (is) sinful conduct بِكُمْ ؕ for you وَ اتَّقُوا and fear اللّٰهَ ؕ Allah وَ یُعَلِّمُكُمُ And teaches اللّٰهُ ؕ Allah وَ اللّٰهُ And Allah بِكُلِّ of every شَیْءٍ thing عَلِیْمٌ (is) All-Knower 2. Al-Baqarah Page 49 وَ اِنْ And if كُنْتُمْ you are عَلٰی on سَفَرٍ a journey وَّ لَمْ and not تَجِدُوْا you find كَاتِبًا a scribe فَرِهٰنٌ then pledge مَّقْبُوْضَةٌ ؕ in hand فَاِنْ Then if اَمِنَ entrusts بَعْضُكُمْ one of you بَعْضًا (to) another فَلْیُؤَدِّ then let discharge الَّذِی the one who اؤْتُمِنَ is entrusted اَمَانَتَهٗ his trust وَ لْیَتَّقِ And let him fear اللّٰهَ Allah رَبَّهٗ ؕ his Lord وَ لَا And (do) not تَكْتُمُوا conceal الشَّهَادَةَ ؕ the evidence وَ مَنْ And whoever یَّكْتُمْهَا conceals it فَاِنَّهٗۤ then indeed he اٰثِمٌ (is) sinful قَلْبُهٗ ؕ his heart وَ اللّٰهُ And Allah بِمَا of what تَعْمَلُوْنَ you do عَلِیْمٌ۠ (is) All-Knower
(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.
(2:283) And if you are on a journey and do not find a scribe to write the document then resort to taking pledges in hand.331
But if any of you trusts another, let him who is trusted, fulfil the trust and fear Allah, his Lord.
And do not conceal what you have witnessed,332 for whoever conceals it, his heart is sinful. Allah has full knowledge of all that you do.
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.