2-282 O you who believe, when you contract a debt for a fixed time, write it down.a And let a scribe write it down between you with fairness; nor should the scribe refuse to write as Allah has taught him, so let him write. And let him who owes the debt dictate, and he should observe his duty to Allah, his Lord, and not diminish anything from it. But if he who owes the debt is unsound in understanding or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness. And call to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the one may remind the other.
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓاْ إِذَا تَدَايَنتُم بِدَيۡنٍ إِلَىٰٓ أَجَلٍ۬ مُّسَمًّ۬ى فَٱڪۡتُبُوهُۚ وَلۡيَكۡتُب بَّيۡنَكُمۡ ڪَاتِبُۢ بِٱلۡعَدۡلِۚ وَلَا يَأۡبَ كَاتِبٌ أَن يَكۡتُبَ ڪَمَا عَلَّمَهُ ٱللَّهُۚ فَلۡيَڪۡتُبۡ وَلۡيُمۡلِلِ ٱلَّذِى عَلَيۡهِ ٱلۡحَقُّ وَلۡيَتَّقِ ٱللَّهَ رَبَّهُ ۥ وَلَا يَبۡخَسۡ مِنۡهُ شَيۡـًٔ۬اۚ فَإِن كَانَ ٱلَّذِى عَلَيۡهِ ٱلۡحَقُّ سَفِيهًا أَوۡ ضَعِيفًا أَوۡ لَا يَسۡتَطِيعُ أَن يُمِلَّ هُوَ فَلۡيُمۡلِلۡ وَلِيُّهُ ۥ بِٱلۡعَدۡلِۚ وَٱسۡتَشۡہِدُواْ شَہِيدَيۡنِ مِن رِّجَالِڪُمۡۖ فَإِن لَّمۡ يَكُونَا رَجُلَيۡنِ فَرَجُلٌ۬ وَٱمۡرَأَتَانِ مِمَّن تَرۡضَوۡنَ مِنَ ٱلشُّہَدَآءِ أَن تَضِلَّ إِحۡدَٮٰهُمَا فَتُذَڪِّرَ إِحۡدَٮٰهُمَا ٱلۡأُخۡرَىٰۚ
And the witnesses must not refuse when they are summoned. And be not averse to writing it whether it is small or large along with the time of its falling due. This is more equitable in the sight of Allah and makes testimony surer and the best way to keep away from doubts.
وَلَا يَأۡبَ ٱلشُّہَدَآءُ إِذَا مَا دُعُواْۚ وَلَا تَسۡـَٔمُوٓاْ أَن تَكۡتُبُوهُ صَغِيرًا أَوۡ ڪَبِيرًا إِلَىٰٓ أَجَلِهِۦۚ ذَٲلِكُمۡ أَقۡسَطُ عِندَ ٱللَّهِ وَأَقۡوَمُ لِلشَّہَـٰدَةِ وَأَدۡنَىٰٓ أَلَّا تَرۡتَابُوٓاْۖ
But when it is ready merchandise which you give and take among yourselves from hand to hand, there is no blame on you in not writing it down. And have witnesses when you sell one to another. And let no harm be done to the scribe or to the witnesses
إِلَّآ أَن تَكُونَ تِجَـٰرَةً حَاضِرَةً۬ تُدِيرُونَهَا بَيۡنَڪُمۡ فَلَيۡسَ عَلَيۡكُمۡ جُنَاحٌ أَلَّا تَكۡتُبُوهَاۗ وَأَشۡهِدُوٓاْ إِذَا تَبَايَعۡتُمۡۚ وَلَا يُضَآرَّ كَاتِبٌ۬ وَلَا شَهِيدٌ۬ۚ
And if you do (it), then surely it is a transgression on your part. And keep your duty to Allah. And Allah teaches you. And Allah is Knower of all things.b
وَإِن تَفۡعَلُواْ فَإِنَّهُ ۥ فُسُوقُۢ بِڪُمۡۗ وَٱتَّقُواْ ٱللَّهَۖ وَيُعَلِّمُڪُمُ ٱللَّهُۗ وَٱللَّهُ بِڪُلِّ شَىۡءٍ عَلِيمٌ۬ (٢٨٢)
2-282a: تَدَايَنتُم – دَین means a loan and مُداینة is an action noun from it and means the act of contracting a loan.
Teaching about protecting one’s wealth: The last three sections laid great stress on spending in the way of Allah and prohibited usury, all with a view to negate the love of wealth. This section focusses on the necessity of safeguarding wealth. Safeguarding wealth is a religious injunction, and those who default in doing so are stated to be foolish. One of the best aspects of Islam is that it does not stray from moderation in developing human capabilities. It is necessary for spiritual and moral elevation to negate the innate love of wealth, but it does not imply that what is yours should not be protected, for money is a necessity to conduct human affairs. Another place in the Quran states: ٱلَّتِى جَعَلَ ٱللَّهُ لَكُمۡ قِيَـٰمً۬ا (Allah has made a (means of) support for you) (4:5). A person who does not safeguards his property will become dependent on others, and dependency militates against high moral values.
Transactions can be of four types: These are a) بیع العین بالعین : In this type of transaction, the assets to be exchanged are available for an immediate swap, and this type of transaction is known as ready exchange. The goods are received, and payment is made at the same time. Such transactions do not require documentation. b) بیع الدین بالدین : The assets to be traded are absent. This is a fictitious transaction, like a modern futures transaction with which traders speculate. This is prohibited by Islam. c and d) بیع العین بالدین or بیع الدین بالعین : In this type of transaction only one of the assets to be exchanged is present, as is the case with credit transactions or an advance payment transaction. In this type of transaction, it is mandated that it be documented and witnessed so that there are no disputes afterwards.
Indication of a great future nation: The Arabs were an illiterate nation. Their transactions were simple and there was no tradition to document trades. Paper was also not available. A mandatory injunction to such a nation to document trades was an indication that it would become a great cultured nation in the future. Hence, its foundation was laid in a way that future needs could be met.
2-282b: ڪَمَا عَلَّمَهُ ٱللَّهُ – The meaning of ڪَمَا can be لِاَجل , that is, because Allah has taught him, or ک could also mean like , that is, like Allah has taught him. The scribe’s learning is ascribed to Allah because it is He who gives a person ability and it is He who has furnished the resources for learning.
بِٱلۡعَدۡلِ – The purport is that the scribe should not be biased towards and the scribe should do justice with his penmanship. That is, reliance should be able to be placed on the accuracy of the document. (RM). Not everyone has the ability to write a good contract. Thus, deed writing is recognized as a special skill.
يُمۡلِلِ – The literal meaning of مَلَل is to be weary or tired (LA). A hadith states: فان اللّٰه لا یَمَلُّ حتی تَمَلُّوا (Perform such actions that will not wear you out, because Allah does not get tired, but you will get tired). Weariness afflicts humans, it is not a condition that can be associated with God. The meaning of: اَمۡلَلۡة الکتاب and اَمۡلَیۡة الکتاب is the same. The dictation to the scribe is required so the scribe can write it (LA). The word املاء appears in another place in the Quran: فَهِىَ تُمۡلَىٰ عَلَيۡهِ بُڪۡرَةً۬ وَأَصِيلاً۬ (…so they are read out to him morning and evening!) (25:5). And the word مِلّة meaning religion is also derived from ملَلۡة الکتاب .
ٱلَّذِى عَلَيۡهِ ٱلۡحَقُّ – The party against whom a claim is being established is the one who is required to dictate the contract. This is a remedy against the injustice of moneylenders who write what they want when they give loans to poor debtors.
يَبۡخَسۡ – بَخۡس means to unjustly reduce something (R).
سَفِيهًا – See 2-13a. Those who are not able to make decisions regarding their expenditures or otherwise safeguard their rights are called سَفِيه .
ضَعِيفًا – A young boy or a very aged person.
لَا يَسۡتَطِيعُ أَن يُمِلَّ هُوَ – There can be many reasons for the inability to dictate the contract such as being dumb, not knowing the language, or some other handicap.
إِن لَّمۡ يَكُونَا رَجُلَيۡنِ – Either two male witnesses are not available or are not appropriate.
تَضِلَّ – Erring from the right path is ضلال whether by design or by mistake, and whether the erring is minor or major.
تُذَڪِّرَ – It’s meaning is taken to be تعید ذکرہ (R), that is to confirm or revise.
حَاضِرَةً۬ – means present, that is the sale-purchase transaction is completed on the spot.
يُضَآرَّ – Here it is used as the opposite of profit (R). That is, the witnesses should not suffer a loss when they are called to give testimony and should be compensated for their loss of earnings.
Rules for mutual business dealings: All the necessary rules required for transactions in a developed nation are kept in view in this single verse. First, the need for scribes or copyists is mentioned. When called upon to write a contract, they cannot refuse but they must be compensated for their work. Second, witnesses cannot refuse to give evidence, but when they are called to give testimony, the party calling them must compensate them for lost earnings for the period they are away from their work. Third, a guardian should be appointed if a party to the transaction is a child, old, unable to safeguard their interests, or for any reason that prevents them from making rational choices. Thus, every sentence provides a foundation to formulate legialation.
Having two witnesses is a general rule: It is important to remember that the presence of two witnesses during testimony is a general rule. The evidence of two witnesses strengthens the testimony and decreases the chances of false testimony. The part of the testimony of one that is substantiated by the other becomes weightier while assessing the evidence. There is no injunction that bars judgment if there is only one witness or that prevents judgment from being based on circumstantial evidence. Allah clearly shows through the case of Joseph, where judgment was given based on whether his shirt was torn from the front or back, that judgment may be given on circumstantial evidence.
Testimony by women: The rationale for substituting the testimony of one man by that of two women is explained by the Quran itself. Since women often do not have the same exposure to transactions as men, they may not be able to recall the transaction details in full and so any shortcoming in the testimony of one can be made up by the other. There is no mention that the evidence of one woman is not admissible. In a dispute between a husband and wife where the husband accuses his wife of adultery without witnesses, the oath of a woman said four times is given the same weight as the weight of the oath said four times by the man. In other words, the evidence of a man and a woman are at par and assigned the same weight.
2-283 And if you are on a journey and you cannot find a scribe, a security may be taken into possession. But if one of you trusts another, then he who is trusted should deliver his trust, and let him keep his duty to Allah, his Lord. And conceal not testimony. And whoever conceals it, his heart is surely sinful. And Allah is Knower of what you do.
وَإِن كُنتُمۡ عَلَىٰ سَفَرٍ۬ وَلَمۡ تَجِدُواْ كَاتِبً۬ا فَرِهَـٰنٌ۬ مَّقۡبُوضَةٌ۬ۖ فَإِنۡ أَمِنَ بَعۡضُكُم بَعۡضً۬ا فَلۡيُؤَدِّ ٱلَّذِى ٱؤۡتُمِنَ أَمَـٰنَتَهُ ۥ وَلۡيَتَّقِ ٱللَّهَ رَبَّهُ ۥۗ وَلَا تَكۡتُمُواْ ٱلشَّهَـٰدَةَۚ وَمَن يَڪۡتُمۡهَا فَإِنَّهُ ۥۤ ءَاثِمٌ۬ قَلۡبُهُ ۥۗ وَٱللَّهُ بِمَا تَعۡمَلُونَ عَلِيمٌ۬ (٢٨٣)
2-283a: رِهَـٰنٌ۬ – It is the plural of رَھۡن and like رَھۡن is also itself an infinitive noun. It means a thing taken as a security for the fulfilment of the debt (R).
أَمَانة – اَمۡن and أَمَانَة and اَمَان are infinitives which mean peace of mind and freedom from fear. And اَمَان is the state of a person but is also used for a thing that one trusts or is considered trustworthy, and أَمَانة has the same sense (R). Here, it is the loan about which there is trust and it is the loan which is called أَمَانة.
Two situations that exempt a written contract: There are two situations in which the requirement for a written debt contract is waived. The first is in the case of mortgage with possession and the second is when there is trust. The rationale for waiving a written contract in the case of mortgage with possession is obvious. But what is less certain is whether this is only for a situation where one is on a journey and a scribe is not available or is the waiver more general and the specific situation mentioned of travel and unavailability of scribe is only by way of a reminder that if a scribe is not available during a journey, there is another alternative to which one can resort. The majority view on this is with the second interpretation, namely that mortgage with possession is permissible whether one is travelling or is at home base and whether a scribe is available or not. Authentic ahadith also uphold this view. Bukhari and Muslim both record a hadith narrated by Anas which states: ان رسول اللّٰه صلعم توفی ودرعہ مرھونة عند یھودی علٰی ثلٰثین و سقا من شعیر رھنہا قوة لا ھله (The Messenger of Allah died, and his armor was held in mortgage by a Jew for thirty wusaq (a measure) of barley which he had borrowed for the sustenance of his family). It is obvious that the Holy Prophet was not traveling because the loan was for the sustenance of his family and there was also no dearth of scribes available to him. This shows that the waiver in the case of mortgage with possession is general.
This hadith also illustrates that the Holy Prophet sustained himself and his family and took nothing from the national treasury. At the time of his death, the Holy Prophet was the king of Arabia. The tribute he received from Bahrain alone was more than a hundred thousand dirhams. He placed the amount in the courtyard of the mosque and sat there until he had distributed every dirham. On some occasions, he distributed a hundred camels to every man from the spoils of war. If he had taken some for himself, who would have objected? But his own condition was such that he mortgaged his armor for a few handfuls of barley. Those who criticize him for a life of luxury are totally heartless. This verse and the hadith that are narrated on the subject show that only mortgage with possession is permissible and mortgage without possession is not permissible because it is a form of usury. However, the hadith do show that in the case of mortgage with possession, it is permissible to use the property held in mortgage to gain a benefit. For example, if a horse is held in mortgage, it should be fed and can be used for riding. The issue of immovable property held as mortgage for a loan can also be deduced from this example. It is permissible to hold land or building as mortgage with possession, and it is permissible to benefit from the produce of the land and the rent of the building provided all maintenance and taxes are paid by the mortgage holder. However, a transaction is clearly usurious in which the lender does not takes possession of the property but arranges with the owner to receive a fixed amount.
The importance of righteousness in religious affairs: It is previously mentioned that a witness should not refuse to give testimony. The injunction is given now that evidence should not be concealed, and the one who conceals tarnishes his heart. The purport of stating that the heart will be sinful is to emphasize that a person should not take transactional matters lightly. One who is not righteous in these matters cannot be righteous. Because the soul is the center of all good deeds. A bad impression on it from the sinful deeds in these matters deprives it of the ability to do good in other areas as well. The lesson that is imparted is that small matters can either tarnish a person’s soul and make it black or polish it and make it shining white. A person who is not honest in mutual transactions and other small matters cannot attain to righteousness through prayer and fasting.
False evidence: Here, mere concealment of correct evidence is denounced as an unrighteous act. It follows, giving false evidence is a grave sin. If concealment of true evidence renders a person’s soul black, what would be the condition of a person who gives false evidence? There is a class of people who lounge around courts and for a small sum of money are willing to give false evidence. They call themselves Muslims but by their actions, they not only blacken their own souls but also bring disrepute to Islam. The same black heartedness falls to the share of those who narrate fictitious affairs to the government and conceal affairs merely to enter the good grace of the government.
Bayan-ul-Quran 