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 بِالۡعَدۡلِ​ؕ وَاسۡتَشۡهِدُوۡا شَهِيۡدَيۡنِ مِنۡ رِّجَالِكُمۡ​ۚ فَاِنۡ لَّمۡ يَكُوۡنَا رَجُلَيۡنِ فَرَجُلٌ وَّامۡرَاَتٰنِ مِمَّنۡ تَرۡضَوۡنَ مِنَ الشُّهَدَآءِ اَنۡ تَضِلَّ اِحۡدٰٮهُمَا فَتُذَكِّرَ اِحۡدٰٮهُمَا الۡاُخۡرٰى​ؕ وَ لَا يَاۡبَ الشُّهَدَآءُ اِذَا مَا دُعُوۡا ​ؕ وَلَا تَسۡـئَمُوۡۤا اَنۡ تَكۡتُبُوۡهُ صَغِيۡرًا اَوۡ كَبِيۡرًا اِلٰٓى اَجَلِهٖ​ؕ 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.