Surah Baqarah ayat 282 Tafsir Quran 2:282

﴿يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰ أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ ۚ وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌ بِالْعَدْلِ ۚ وَلَا يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ ۚ فَلْيَكْتُبْ وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ رَبَّهُ وَلَا يَبْخَسْ مِنْهُ شَيْئًا ۚ فَإِن كَانَ الَّذِي عَلَيْهِ الْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَن يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ ۚ وَاسْتَشْهِدُوا شَهِيدَيْنِ مِن رِّجَالِكُمْ ۖ فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَاءِ أَن تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَىٰ ۚ وَلَا يَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا ۚ وَلَا تَسْأَمُوا أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰ أَجَلِهِ ۚ ذَٰلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَادَةِ وَأَدْنَىٰ أَلَّا تَرْتَابُوا ۖ إِلَّا أَن تَكُونَ تِجَارَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا ۗ وَأَشْهِدُوا إِذَا تَبَايَعْتُمْ ۚ وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِن تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ ۗ وَاتَّقُوا اللَّهَ ۖ وَيُعَلِّمُكُمُ اللَّهُ ۗ وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ﴾
[ البقرة: 282]

2:282 O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice. Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation dictate. And let him fear Allah, his Lord, and not leave anything out of it. But if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice. And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. And let not the witnesses refuse when they are called upon. And do not be [too] weary to write it, whether it is small or large, for its [specified] term. That is more just in the sight of Allah and stronger as evidence and more likely to prevent doubt between you, except when it is an immediate transaction which you conduct among yourselves. For [then] there is no blame upon you if you do not write it. And take witnesses when you conclude a contract. Let no scribe be harmed or any witness. For if you do so, indeed, it is [grave] disobedience in you. And fear Allah. And Allah teaches you. And Allah is Knowing of all things.

O you who believe when you contract when you are dealing with a debt such as in prepayment for future delivery of goods or a loan one upon another for a stated a known term write it down as confirmation and security against any dispute; and let a writer write it the contract of debt down between you justly accurately not increasing or decreasing the amount or the terms; and let not any writer refuse to write it down if he is requested for such a task as God has taught him the kāf of ka-mā ‘as’ is semantically connected to the verb ya’ba ‘refuse’ that is just as He has given him the advantage of knowing how to write he should not be niggardly in this respect; so let him write repeated for emphasis and let the debtor dictate to the one writing the contract for he is the one being witnessed and must be fully aware of his obligations; and let him fear God his Lord when dictating and not diminish anything of it of the debt due. And if the debtor be a fool a squanderer or weak not up to dictating on account of old age or immaturity or unable to dictate himself on account of being dumb or not knowing the language and so forth then let his guardian the one in charge of his affairs be it a parent an executor a custodian or an interpreter dictate justly. And summon to bear witness the debt two witnesses men mature Muslim free men; or if the two witnesses be not men then one man and two women to bear witness such witnesses as you approve of on account of their piety and probity; the number of women is because of the fact so that if one of the two women errs forgets the testimony given their lesser astuteness and accuracy; the other the one remembering will remind her read fa-tudhakkira or fa-tudhkira the one that has forgotten — the ‘reminding’ clause is the reason for the choice of two women that is to say so that she may be reminded if she errs or strays into error because this forgetfulness is the cause of it a variant reading for an ‘that’ has the conditional in ‘if’ with the verb inflected as tudhakkiru ‘she will remind’ making it a new sentence the response to which follows; and let the witnesses not refuse whenever the mā of idhā mā ‘whenever’ is extra they are summoned to bear witness and take responsibility for the testimony; and be not disdainful lazy to write it down that which you have witnessed in truth for this frequently occurred be it small or great a little or much with its term that is the date on which it is due ilā ajlihi is a circumstantial qualifier referring to the pronominal suffix hā’ of taktubū-hu ‘you write it down’; that writing down is more equitable more just in God’s sight more upright for testimony that is to say that is more helpful in summoning witness because it contains the reminder; and nearer closer to attaining the desired state that you will not be in doubt with regard to the amount and the due dates; unless it be that there is trade carried out there and then tijāratun hādiratun a variant reading has tijāratan hādiratan in which case the nominal sentence is missing its subject and must be the pronoun for tijāra ‘trade’ that is hiya ‘it fem.

O you with hearts touched by the divine hand, if you become involved in a debt payable at a fixed date, be it a loan, item borrowed or bought on credit or a business transaction, then commit it to writing. A scribe shall formulate an agreement or contract mediating the parties with recourse to the general principles of Allah’s justice. No scribe shall refuse to fulfil this function as Allah imparted it; he simply writes and the debtor dictates and keeps Allah in mind, and the scribe shall not decrease any of the agreed amount. Should the debtor be of unsound mind, weak, or incapable of dictating, then his guardian should dictate according to equity and good conscience. And select two of your men to be formally present as witnesses to the transaction. And if two men are unavailable, then one man and two commendable women so that later, if one errs due to a memory lapse, lack of experience or a biological factor, then the other will remind her of the correct testimony. And those who were called upon to witness the transaction and were associated with the event must not refuse when they are called in for evidence in the future. And do not be disinclined to commit the debt, small or large, to writing. Sanctioned by Allah according to judicial principles, this is recourse to a credited testimony preventing doubt. This is mandatory unless it is business involving bartered merchandise or collective management at an immediate cash rate, then you are absolved if you do not commit it to writing. But when you dispose of merchandise to a buyer for price, then such transactions must be witnessed. And neither writer nor witness should be made to suffer, for if you harm them, you commit a sin that shall be transferred to you, and revere Allah; He teaches you and shows you through information or instruction; He is Alimun of all in all

The Necessity of Writing Transactions That Take Effect Later on This Ayah is the longest in the Glorious Qur'an.
Imam Abu Ja`far bin Jarir recorded that Sa`id bin Al-Musayyib said that he was told that the Ayah most recently revealed from above the Throne -- the last Ayah to be revealed in the Qur'an -- was the Ayah about debts. Allah's statement, يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَى أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ ( O you who believe! When you contract a debt for a fixed period, write it down ) directs Allah's believing servants to record their business transactions when their term is delayed, to preserve the terms and timing of these transactions, and the memory of witnesses, as mentioned at the end of the Ayah, ذَلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَـدَةِ وَأَدْنَى أَلاَّ تَرْتَابُواْ ( that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves. ) The Two Sahihs recorded that Ibn `Abbas said, "Allah's Messenger ﷺ came to Al-Madinah, while the people were in the habit of paying in advance for fruits to be delivered within one or two years.
The Messenger of Allah ﷺ said,
«مَنْ أَسْلَفَ، فَلْيُسْلِفْ فِي كَيْلٍ مَعْلُومٍ، وَوَزْنٍ مَعْلُومٍ، إِلَى أَجَلٍ مَعْلُوم»
( Whoever pays money in advance (for dates to be delivered later ) should pay it for known specified measure and weight ( of the dates ) for a specified date.
) Allah's statement, فَاكْتُبُوهُ ( write it down ) is a command from Him to record such transactions to endorse and preserve their terms.
Ibn Jurayj said, "Whoever borrowed should write the terms, and whoever bought should have witnesses." Abu Sa`id, Ash-Sha`bi, Ar-Rabi` bin Anas, Al-Hasan, Ibn Jurayj and Ibn Zayd said that recording such transactions was necessary before, but was then abrogated by Allah's statement, فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ الَّذِى اؤْتُمِنَ أَمَـنَتَهُ ( Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully ).) Allah's statement, وَلْيَكْتُب بَّيْنَكُم كَاتِبٌ بِالْعَدْلِ ( Let a scribe write it down in justice between you ) and in truth.
Therefore, the scribe is not allowed to cheat any party of the contract and is to only record what the parties of the contract agreed to, without addition or deletion.
Allah's statement, وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ ( Let not the scribe refuse to write, as Allah has taught him, so let him write ) means, "Those who know how to write should not refrain from writing transaction contracts when asked to do so." Further, let writing such contracts be a type of charity from the scribe for those who are not lettered, just as Allah taught him what he knew not.
Therefore, let him write, just as the Hadith stated,
«إِنَّ مِنَ الصَّدَقَةِ أَنْ تُعِينَ صَانِعًا، أَوْ تَصْنَعَ لِأَخْرَق»
( It is a type of charity to help a worker and to do something for a feeble person. ) In another Hadith, the Prophet said,
«مَنْ كَتَمَ عِلْمًا يَعْلَمُهُ، أُلْجِمَ يَوْمَ الْقِيَامَةِ بِلِجَامٍ مِنْ نَار»
( Whoever kept knowledge to himself will be restrained by a bridle made of fire on the Day of Resurrection. ) Mujahid and `Ata' said that if asked to do so, "The scribe is required to record." Allah's statement, وَلْيُمْلِلِ الَّذِى عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ رَبَّهُ ( Let him (the debtor ) who incurs the liability dictate, and he must have Taqwa of Allah, his Lord) indicates that the debtor should dictate to the scribe what he owes, so let him fear Allah, وَلاَ يَبْخَسْ مِنْهُ شَيْئاً ( And diminish not anything of what he owes, ) meaning, not hide any portion of what he owes. فَإن كَانَ الَّذِى عَلَيْهِ الْحَقُّ سَفِيهًا ( But if the debtor is of poor understanding ) and is not allowed to decide on such matters, because he used to waste money, for instance, أَوْ ضَعِيفًا ( Or weak ), such as being too young or insane, أَوْ لاَ يَسْتَطِيعُ أَن يُمِلَّ هُوَ ( Or is unable to dictate for himself ) because of a disease, or ignorance about such matters, فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ ( then let his guardian dictate in justice. ) Witnesses Should Attend the Dictation of Contracts Allah said, وَاسْتَشْهِدُواْ شَهِيدَيْنِ مِّن رِّجَالِكُمْ ( And get two witnesses out of your own men ) requiring witnesses to attend the dictation of contracts to further preserve the contents, فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ ( And if there are not two men (available ), then a man and two women) this requirement is only for contracts that directly or indirectly involve money.
Allah requires that two women take the place of one man as witness, because of the woman's shortcomings, as the Prophet described.
Muslim recorded in his Sahih that Abu Hurayrah said that the Messenger of Allah ﷺ said,
«يَا مَعْشَرَ النِّسَاءِ تَصَدَّقْنَ وَأَكْثِرْنَ الْاسْتِغْفَارَ، فَإِنِّي رَأَيْتُكُنَّ أَكْثَرَ أَهْلِ النَّار»
( O women! Give away charity and ask for forgiveness, for I saw that you comprise the majority of the people of the Fire. ) One eloquent woman said, "O Messenger of Allah! Why do we comprise the majority of the people of the Fire" He said,
«تُكْثِرْنَ اللَّعْنَ، وَتَكْفُرْنَ الْعَشِيرَ، وَمَا رَأَيْتُ مِنْ نَاقِصَاتِ عَقْلٍ وَدِينٍ، أَغْلَبَ لِذِي لُبَ مِنْكُن»
( You curse a lot and you do not appreciate your mate.
I have never seen those who have shortcoming in mind and religion controlling those who have sound minds, other than you. ) She said, "O Messenger of Allah! What is this shortcoming in mind and religion" He said,
«أَمَّا نُقْصَانُ عَقْلِهَا، فَشَهَادَةُ امْرَأَتَيْنِ تَعْدِلُ شَهَادَةَ رَجُلٍ، فَهَذَا نُقْصَانُ الْعَقْلِ، وَتَمْكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفْطِرُ فِي رَمَضَانَ، فَهَذَا نُقْصَانُ الدِّين»
( As for the shortcoming in her mind, the testimony of two women equals the testimony of one man, and this is the shortcoming in the mind.
As for the shortcoming in the religion, woman remains for nights at a time when she does not pray and breaks the fast in Ramadan ) Allah's statement, مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَآءِ ( such as you agree for witnesses ) requires competency in the witnesses.
Further, Allah's statement, أَن تَضِلَّ إْحْدَاهُمَا ( so that if one of them errs ) refers to the two women witnesses; whenever one of them forgets a part of the testimony, فَتُذَكِّرَ إِحْدَاهُمَا الاٍّخْرَى ( the other can remind her ) meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman. Allah's statement, وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ ( And the witnesses should not refuse when they are called ) means, when people are called to be witnesses, they should agree, as Qatadah and Ar-Rabi` bin Anas stated.
Similarly, Allah said, وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ (Let not the scribe refuse to write as Allah has taught him,
«أَمَّا نُقْصَانُ عَقْلِهَا، فَشَهَادَةُ امْرَأَتَيْنِ تَعْدِلُ شَهَادَةَ رَجُلٍ، فَهَذَا نُقْصَانُ الْعَقْلِ، وَتَمْكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفْطِرُ فِي رَمَضَانَ، فَهَذَا نُقْصَانُ الدِّين»
( As for the shortcoming in her mind, the testimony of two women equals the testimony of one man, and this is the shortcoming in the mind.
As for the shortcoming in the religion, woman remains for nights at a time when she does not pray and breaks the fast in Ramadan ) Allah's statement, مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَآءِ ( such as you agree for witnesses ) requires competency in the witnesses.
Further, Allah's statement, أَن تَضِلَّ إْحْدَاهُمَا ( so that if one of them errs ) refers to the two women witnesses; whenever one of them forgets a part of the testimony, فَتُذَكِّرَ إِحْدَاهُمَا الاٍّخْرَى ( the other can remind her ) meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman. Allah's statement, وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ ( And the witnesses should not refuse when they are called ) means, when people are called to be witnesses, they should agree, as Qatadah and Ar-Rabi` bin Anas stated.
Similarly, Allah said, وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ ( Let not the scribe refuse to write as Allah has taught him, so let him write. ) Some say that this Ayah indicates that agreeing to become a witness is Fard Kifayah ( required on at least a part of the Muslim Ummah ).
However, the majority of the scholars say that the Ayah, وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ ( And the witnesses should not refuse when they are called ) is referring to testifying to what the witnesses actually witnessed, thus befitting their description of being `witnesses'.
Therefore, when the witness is called to testify to what he witnessed, he is required to give testimony, unless this obligation was already fulfilled, in which case such testimony becomes Fard Kifayah.
Mujahid and Abu Mijlaz said, "If you are called to be a witness, then you have the choice to agree.
If you witnessed and were called to testify, then come forward." It was reported that Ibn `Abbas and Al-Hasan Al-Basri said that the obligation includes both cases, agreeing to be a witness and testifying to what one witnessed. Allah's statement, وَلاَ تَسْـَمُواْ أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَى أَجَلِهِ ( You should not become weary to write it (your contract ), whether it be small or large, for its fixed term) perfects this direction from Allah by commanding that the debt be written, whether the amount is large or small.
Allah said, وَلاَ تَسْـَمُواْ ( You should not become weary ) meaning, do not be discouraged against writing transactions and their terms, whether the amount involved is large or small.
Allah's statement, ذَلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَـدَةِ وَأَدْنَى أَلاَّ تَرْتَابُواْ ( that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves ) means, writing transactions that will be fulfillled at a later date is more just with Allah meaning better and more convenient in order to preserve the terms of the contract.
Therefore, recording such agreements helps the witnesses, when they see their handwriting - or signatures - later on and thus remember what they witnessed, for it is possible that the witnesses might forget what they witnessed. وَأَدْنَى أَلاَّ تَرْتَابُواْ ( And more convenient to prevent doubts among yourselves ) meaning, this helps repel any doubt.
Since if you need to refer to the contract that you wrote and the doubt will end. Allah's statement, إِلاَ أَن تَكُونَ تِجَـرَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلاَّ تَكْتُبُوهَا ( save when it is a present trade which you carry out on the spot among yourselves, then there is no sin on you if you do not write it down ) indicates that if the transaction will be fulfilled immediately, then there is no harm if it is not recorded. As for requiring witnesses to be present in trading transactions, Allah said, وَأَشْهِدُواْ إِذَا تَبَايَعْتُمْ ( But take witnesses whenever you make a commercial contract.
) However, this command was abrogated by, فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ الَّذِى اؤْتُمِنَ أَمَـنَتَهُ ( Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully ).) Or, it could be that having witnesses in such cases is only recommended and not obligatory, as evident from the Hadith that Khuzaymah bin Thabit Al-Ansari narrated which Imam Ahmad collected.
`Umarah bin Khuzaymah Al-Ansari said that his uncle, who was among the Prophet's Companions, told him that the Prophet was making a deal for a horse with a bedouin man.
The Prophet asked the bedouin to follow him so that he could pay him the price of the horse.
The Prophet went ahead of the bedouin.
The bedouin met several men who tried to buy his horse, not knowing if the Prophet was actually determined to buy it.
Some people offered more money for the horse than the Prophet had.
The bedouin man said to the Prophet , "If you want to buy this horse, then buy it or I will sell it to someone else." When he heard the bedouin man's words, the Prophet stood up and said, "Have I not bought that horse from you" The bedouin said, "By Allah! I have not sold it to you." The Prophet said, "Rather, I did buy it from you." The people gathered around the Prophet and the Bedouin while they were disputing, and the bedouin said, "Bring forth a witness who testifies that I sold you the horse." Meanwhile, the Muslims who came said to the bedouin, "Woe to you! The Prophet only says the truth." When Khuzaymah bin Thabit came and heard the dispute between the Prophet and the bedouin who was saying, "Bring forth a witness who testifies that I sold you the horse, " Khuzaymah said, "I bear witness that you sold him the horse." The Prophet said to Khuzaymah, "What is the basis of your testimony" Khuzaymah said, "That I entrusted you, O Messenger of Allah!" Therefore, the Messenger made Khuzaymah's testimony equal to the testimony of two men.
This was also recorded by Abu Dawud and An-Nasa ®299؛.
Allah's statement, وَلاَ يُضَآرَّ كَاتِبٌ وَلاَ شَهِيدٌ ( Let neither scribe nor witness suffer (or cause ) any harm) also indicates that the scribe and the witness must not cause any harm, such as, when the scribe writes other than what he is being dictated, or the witness testifies to other than what he heard or conceals his testimony.
This is the explanation of Al-Hasan and Qatadah." Allah's statement, وَإِن تَفْعَلُواْ فَإِنَّهُ فُسُوقٌ بِكُمْ ( But if you do (such harm ), it would be wickedness in you) means, "If you defy what you were commanded and commit what you were prohibited, then it is because of the sin that resides and remains with you; sin that you never release or rid yourselves from." Allah's statement, وَاتَّقُواْ اللَّهَ ( So have Taqwa of Allah ) means, fear Him, remember His watch over you, implement His command and avoid what He prohibited, وَيُعَلِّمُكُمُ اللَّهُ ( And Allah teaches you.
) Similarly, Allah said, يِـأَيُّهَا الَّذِينَ ءَامَنُواْ إَن تَتَّقُواْ اللَّهَ يَجْعَل لَّكُمْ فُرْقَانًا ( O you who believe! If you have Taqwa of Allah, He will grant you Furqan (a criterion to judge between right and wrong )) 8:29, and, يأَيُّهَا الَّذِينَ ءَامَنُواْ اتَّقُواْ اللَّهَ وَءَامِنُواْ بِرَسُولِهِ يُؤْتِكُمْ كِفْلَيْنِ مِن رَّحْمَتِهِ وَيَجْعَل لَّكُمْ نُوراً تَمْشُونَ بِهِ ( O you who believe! Have Taqwa of Allah, and believe in His Messenger, He will give you a double portion of His mercy, and He will give you a light by which you shall walk (straight )) 57:28. Allah said; وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ ( And Allah is the All-Knower of everything ) stating that Allah has perfect knowledge in all matters and in their benefits or repercussions, and nothing escapes His perfect watch, for His knowledge encompasses everything in existence.

(2:282) O Believers, when you contract a debt for a fixed; *325 term, you should put it in writing. *326 Let a scribe write with equity the document for the parties. The scribe whom Allah has given the gift of literacy should not refuse to write. Let him write and let the one under obligation (the debtor) dictate, and he should fear Allah, his Lord, and should not diminish from or add anything to the terms which have been settled. But if the borrower be of low understanding or weak or unable to dictate (for any reason), then let the guardian of his interests dictate it with equity. And let two men from among you *327 bear witness to all such documents. But if two men be not available, there should be one man and two women to bear witness so that if one of the women forgets (anything), the other may remind her. The witnesses should be from among such people whom you approve of as witnesses. *328 When the witnesses are asked to testify, they should not refuse to do so. Do not neglect to reduce to writing your transaction for a specified term, whether it be big or small. Allah considers this more just for you, for it facilitates the establishment of evidence and lessens doubts and suspicions. Of course, there is no harm if you do not put in writing the common transactions you conclude daily on the spot, *329 but in case of commercial transactions you should have witnesses. The scribe and the witnesses should not be harassed: *330 if you do so, you shall be guilty of sin. You should guard against the wrath of Allah; He gives you the knowledge of the right way for Allah has the knowledge of everything.

O you who have believed, when you meaning

*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.

 

The Necessity of Writing Transactions That Take Effect Later on This Ayah is the longest in the Glorious Qur'an.
Imam Abu Ja`far bin Jarir recorded that Sa`id bin Al-Musayyib said that he was told that the Ayah most recently revealed from above the Throne -- the last Ayah to be revealed in the Qur'an -- was the Ayah about debts. Allah's statement, يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَى أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ ( O you who believe! When you contract a debt for a fixed period, write it down ) directs Allah's believing servants to record their business transactions when their term is delayed, to preserve the terms and timing of these transactions, and the memory of witnesses, as mentioned at the end of the Ayah, ذَلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَـدَةِ وَأَدْنَى أَلاَّ تَرْتَابُواْ ( that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves. ) The Two Sahihs recorded that Ibn `Abbas said, "Allah's Messenger ﷺ came to Al-Madinah, while the people were in the habit of paying in advance for fruits to be delivered within one or two years.
The Messenger of Allah ﷺ said, «مَنْ أَسْلَفَ، فَلْيُسْلِفْ فِي كَيْلٍ مَعْلُومٍ، وَوَزْنٍ مَعْلُومٍ، إِلَى أَجَلٍ مَعْلُوم» ( Whoever pays money in advance (for dates to be delivered later ) should pay it for known specified measure and weight ( of the dates ) for a specified date.
) Allah's statement, فَاكْتُبُوهُ ( write it down ) is a command from Him to record such transactions to endorse and preserve their terms.
Ibn Jurayj said, "Whoever borrowed should write the terms, and whoever bought should have witnesses." Abu Sa`id, Ash-Sha`bi, Ar-Rabi` bin Anas, Al-Hasan, Ibn Jurayj and Ibn Zayd said that recording such transactions was necessary before, but was then abrogated by Allah's statement, فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ الَّذِى اؤْتُمِنَ أَمَـنَتَهُ ( Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully ).) Allah's statement, وَلْيَكْتُب بَّيْنَكُم كَاتِبٌ بِالْعَدْلِ ( Let a scribe write it down in justice between you ) and in truth.
Therefore, the scribe is not allowed to cheat any party of the contract and is to only record what the parties of the contract agreed to, without addition or deletion.
Allah's statement, وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ ( Let not the scribe refuse to write, as Allah has taught him, so let him write ) means, "Those who know how to write should not refrain from writing transaction contracts when asked to do so." Further, let writing such contracts be a type of charity from the scribe for those who are not lettered, just as Allah taught him what he knew not.
Therefore, let him write, just as the Hadith stated, «إِنَّ مِنَ الصَّدَقَةِ أَنْ تُعِينَ صَانِعًا، أَوْ تَصْنَعَ لِأَخْرَق» ( It is a type of charity to help a worker and to do something for a feeble person. ) In another Hadith, the Prophet said, «مَنْ كَتَمَ عِلْمًا يَعْلَمُهُ، أُلْجِمَ يَوْمَ الْقِيَامَةِ بِلِجَامٍ مِنْ نَار» ( Whoever kept knowledge to himself will be restrained by a bridle made of fire on the Day of Resurrection. ) Mujahid and `Ata' said that if asked to do so, "The scribe is required to record." Allah's statement, وَلْيُمْلِلِ الَّذِى عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ رَبَّهُ ( Let him (the debtor ) who incurs the liability dictate, and he must have Taqwa of Allah, his Lord) indicates that the debtor should dictate to the scribe what he owes, so let him fear Allah, وَلاَ يَبْخَسْ مِنْهُ شَيْئاً ( And diminish not anything of what he owes, ) meaning, not hide any portion of what he owes. فَإن كَانَ الَّذِى عَلَيْهِ الْحَقُّ سَفِيهًا ( But if the debtor is of poor understanding ) and is not allowed to decide on such matters, because he used to waste money, for instance, أَوْ ضَعِيفًا ( Or weak ), such as being too young or insane, أَوْ لاَ يَسْتَطِيعُ أَن يُمِلَّ هُوَ ( Or is unable to dictate for himself ) because of a disease, or ignorance about such matters, فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ ( then let his guardian dictate in justice. ) Witnesses Should Attend the Dictation of Contracts Allah said, وَاسْتَشْهِدُواْ شَهِيدَيْنِ مِّن رِّجَالِكُمْ ( And get two witnesses out of your own men ) requiring witnesses to attend the dictation of contracts to further preserve the contents, فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ ( And if there are not two men (available ), then a man and two women) this requirement is only for contracts that directly or indirectly involve money.
Allah requires that two women take the place of one man as witness, because of the woman's shortcomings, as the Prophet described.
Muslim recorded in his Sahih that Abu Hurayrah said that the Messenger of Allah ﷺ said, «يَا مَعْشَرَ النِّسَاءِ تَصَدَّقْنَ وَأَكْثِرْنَ الْاسْتِغْفَارَ، فَإِنِّي رَأَيْتُكُنَّ أَكْثَرَ أَهْلِ النَّار» ( O women! Give away charity and ask for forgiveness, for I saw that you comprise the majority of the people of the Fire. ) One eloquent woman said, "O Messenger of Allah! Why do we comprise the majority of the people of the Fire" He said, «تُكْثِرْنَ اللَّعْنَ، وَتَكْفُرْنَ الْعَشِيرَ، وَمَا رَأَيْتُ مِنْ نَاقِصَاتِ عَقْلٍ وَدِينٍ، أَغْلَبَ لِذِي لُبَ مِنْكُن» ( You curse a lot and you do not appreciate your mate.
I have never seen those who have shortcoming in mind and religion controlling those who have sound minds, other than you. ) She said, "O Messenger of Allah! What is this shortcoming in mind and religion" He said, «أَمَّا نُقْصَانُ عَقْلِهَا، فَشَهَادَةُ امْرَأَتَيْنِ تَعْدِلُ شَهَادَةَ رَجُلٍ، فَهَذَا نُقْصَانُ الْعَقْلِ، وَتَمْكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفْطِرُ فِي رَمَضَانَ، فَهَذَا نُقْصَانُ الدِّين» ( As for the shortcoming in her mind, the testimony of two women equals the testimony of one man, and this is the shortcoming in the mind.
As for the shortcoming in the religion, woman remains for nights at a time when she does not pray and breaks the fast in Ramadan ) Allah's statement, مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَآءِ ( such as you agree for witnesses ) requires competency in the witnesses.
Further, Allah's statement, أَن تَضِلَّ إْحْدَاهُمَا ( so that if one of them errs ) refers to the two women witnesses; whenever one of them forgets a part of the testimony, فَتُذَكِّرَ إِحْدَاهُمَا الاٍّخْرَى ( the other can remind her ) meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman. Allah's statement, وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ ( And the witnesses should not refuse when they are called ) means, when people are called to be witnesses, they should agree, as Qatadah and Ar-Rabi` bin Anas stated.
Similarly, Allah said, وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ (Let not the scribe refuse to write as Allah has taught him, «أَمَّا نُقْصَانُ عَقْلِهَا، فَشَهَادَةُ امْرَأَتَيْنِ تَعْدِلُ شَهَادَةَ رَجُلٍ، فَهَذَا نُقْصَانُ الْعَقْلِ، وَتَمْكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفْطِرُ فِي رَمَضَانَ، فَهَذَا نُقْصَانُ الدِّين» ( As for the shortcoming in her mind, the testimony of two women equals the testimony of one man, and this is the shortcoming in the mind.
As for the shortcoming in the religion, woman remains for nights at a time when she does not pray and breaks the fast in Ramadan ) Allah's statement, مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَآءِ ( such as you agree for witnesses ) requires competency in the witnesses.
Further, Allah's statement, أَن تَضِلَّ إْحْدَاهُمَا ( so that if one of them errs ) refers to the two women witnesses; whenever one of them forgets a part of the testimony, فَتُذَكِّرَ إِحْدَاهُمَا الاٍّخْرَى ( the other can remind her ) meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman. Allah's statement, وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ ( And the witnesses should not refuse when they are called ) means, when people are called to be witnesses, they should agree, as Qatadah and Ar-Rabi` bin Anas stated.
Similarly, Allah said, وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ ( Let not the scribe refuse to write as Allah has taught him, so let him write. ) Some say that this Ayah indicates that agreeing to become a witness is Fard Kifayah ( required on at least a part of the Muslim Ummah ).
However, the majority of the scholars say that the Ayah, وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ ( And the witnesses should not refuse when they are called ) is referring to testifying to what the witnesses actually witnessed, thus befitting their description of being `witnesses'.
Therefore, when the witness is called to testify to what he witnessed, he is required to give testimony, unless this obligation was already fulfilled, in which case such testimony becomes Fard Kifayah.
Mujahid and Abu Mijlaz said, "If you are called to be a witness, then you have the choice to agree.
If you witnessed and were called to testify, then come forward." It was reported that Ibn `Abbas and Al-Hasan Al-Basri said that the obligation includes both cases, agreeing to be a witness and testifying to what one witnessed. Allah's statement, وَلاَ تَسْـَمُواْ أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَى أَجَلِهِ ( You should not become weary to write it (your contract ), whether it be small or large, for its fixed term) perfects this direction from Allah by commanding that the debt be written, whether the amount is large or small.
Allah said, وَلاَ تَسْـَمُواْ ( You should not become weary ) meaning, do not be discouraged against writing transactions and their terms, whether the amount involved is large or small.
Allah's statement, ذَلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَـدَةِ وَأَدْنَى أَلاَّ تَرْتَابُواْ ( that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves ) means, writing transactions that will be fulfillled at a later date is more just with Allah meaning better and more convenient in order to preserve the terms of the contract.
Therefore, recording such agreements helps the witnesses, when they see their handwriting - or signatures - later on and thus remember what they witnessed, for it is possible that the witnesses might forget what they witnessed. وَأَدْنَى أَلاَّ تَرْتَابُواْ ( And more convenient to prevent doubts among yourselves ) meaning, this helps repel any doubt.
Since if you need to refer to the contract that you wrote and the doubt will end. Allah's statement, إِلاَ أَن تَكُونَ تِجَـرَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلاَّ تَكْتُبُوهَا ( save when it is a present trade which you carry out on the spot among yourselves, then there is no sin on you if you do not write it down ) indicates that if the transaction will be fulfilled immediately, then there is no harm if it is not recorded. As for requiring witnesses to be present in trading transactions, Allah said, وَأَشْهِدُواْ إِذَا تَبَايَعْتُمْ ( But take witnesses whenever you make a commercial contract.
) However, this command was abrogated by, فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ الَّذِى اؤْتُمِنَ أَمَـنَتَهُ ( Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully ).) Or, it could be that having witnesses in such cases is only recommended and not obligatory, as evident from the Hadith that Khuzaymah bin Thabit Al-Ansari narrated which Imam Ahmad collected.
`Umarah bin Khuzaymah Al-Ansari said that his uncle, who was among the Prophet's Companions, told him that the Prophet was making a deal for a horse with a bedouin man.
The Prophet asked the bedouin to follow him so that he could pay him the price of the horse.
The Prophet went ahead of the bedouin.
The bedouin met several men who tried to buy his horse, not knowing if the Prophet was actually determined to buy it.
Some people offered more money for the horse than the Prophet had.
The bedouin man said to the Prophet , "If you want to buy this horse, then buy it or I will sell it to someone else." When he heard the bedouin man's words, the Prophet stood up and said, "Have I not bought that horse from you" The bedouin said, "By Allah! I have not sold it to you." The Prophet said, "Rather, I did buy it from you." The people gathered around the Prophet and the Bedouin while they were disputing, and the bedouin said, "Bring forth a witness who testifies that I sold you the horse." Meanwhile, the Muslims who came said to the bedouin, "Woe to you! The Prophet only says the truth." When Khuzaymah bin Thabit came and heard the dispute between the Prophet and the bedouin who was saying, "Bring forth a witness who testifies that I sold you the horse, " Khuzaymah said, "I bear witness that you sold him the horse." The Prophet said to Khuzaymah, "What is the basis of your testimony" Khuzaymah said, "That I entrusted you, O Messenger of Allah!" Therefore, the Messenger made Khuzaymah's testimony equal to the testimony of two men.
This was also recorded by Abu Dawud and An-Nasa ®299؛.
Allah's statement, وَلاَ يُضَآرَّ كَاتِبٌ وَلاَ شَهِيدٌ ( Let neither scribe nor witness suffer (or cause ) any harm) also indicates that the scribe and the witness must not cause any harm, such as, when the scribe writes other than what he is being dictated, or the witness testifies to other than what he heard or conceals his testimony.
This is the explanation of Al-Hasan and Qatadah." Allah's statement, وَإِن تَفْعَلُواْ فَإِنَّهُ فُسُوقٌ بِكُمْ ( But if you do (such harm ), it would be wickedness in you) means, "If you defy what you were commanded and commit what you were prohibited, then it is because of the sin that resides and remains with you; sin that you never release or rid yourselves from." Allah's statement, وَاتَّقُواْ اللَّهَ ( So have Taqwa of Allah ) means, fear Him, remember His watch over you, implement His command and avoid what He prohibited, وَيُعَلِّمُكُمُ اللَّهُ ( And Allah teaches you.
) Similarly, Allah said, يِـأَيُّهَا الَّذِينَ ءَامَنُواْ إَن تَتَّقُواْ اللَّهَ يَجْعَل لَّكُمْ فُرْقَانًا ( O you who believe! If you have Taqwa of Allah, He will grant you Furqan (a criterion to judge between right and wrong )) 8:29, and, يأَيُّهَا الَّذِينَ ءَامَنُواْ اتَّقُواْ اللَّهَ وَءَامِنُواْ بِرَسُولِهِ يُؤْتِكُمْ كِفْلَيْنِ مِن رَّحْمَتِهِ وَيَجْعَل لَّكُمْ نُوراً تَمْشُونَ بِهِ ( O you who believe! Have Taqwa of Allah, and believe in His Messenger, He will give you a double portion of His mercy, and He will give you a light by which you shall walk (straight )) 57:28. Allah said; وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ ( And Allah is the All-Knower of everything ) stating that Allah has perfect knowledge in all matters and in their benefits or repercussions, and nothing escapes His perfect watch, for His knowledge encompasses everything in existence.

Allah then taught them what they ought to learn in their dealings, saying: ( O ye who believe! ) in Allah and His Messenger ( when ye contract a debt for a fixed term, record it ) i.e. the debt ( in writing. Let a scribe record it in writing between you ) the indebted person and the creditor ( in (terms of ) equity) justice. ( No scribe should refuse to write ) the contract between the creditor and the debtor ( as Allah hath taught him ) how to write, ( so let him write ) the contract without addition or omission, ( and let him who incurreth the debt dictate ) i.e. the indebted person should explain to the scribe the debt he owes, ( and let him observe his duty to Allah his Lord ) let the indebted person fear his Lord, ( and diminish naught thereof ) and not diminish any amount of debt he owes upon dictation. ( But if he who oweth the debt is of low understanding ) is ignorant of dictation, ( or weak ) unable to dictate, ( or unable himself to dictate ) does not know how to dictate to the scribe, ( then let the guardian of his interests dictate ) the guardian of his wealth who is the creditor ( in (terms of ) equity) without any addition. ( And call to witness ) for your rights, ( from among your men, two witnesses ) from among your free, Muslim men who are of good character. ( And if two men be not (at hand ) then a man and two women, of such as ye approve as witnesses) from among people who are reliable in their witness, ( so that if the one erreth (through forgetfulness )) so that if one of the women forgets ( the other ) who did not forget ( will remind her. And the witnesses must not refuse ) to give witness ( when they are summoned ) to court. ( Be not averse ) disinclined ( to writing down ) i.e. the debt ( whether it be small or great, with (record of ) the term thereof. That) i.e. that which I mentioned regarding the writing down of the debt ( is more equitable ) more correct and fairer ( in the sight of Allah and more sure for testimony ) clearer for the witness when he gives his testimony if he happens to forget, ( and the best way of avoiding doubt between you ) concerning the debt and the fixed term of its payment; (save only in the case when it is actual merchandise which you transfer among yourselves from hand to hand.

O you who believe! When you contract a debt for a fixed period, write it down. Let a scribe write it down in justice between you. Let not the scribe refuse to write as Allah has taught him, so let him write. Let him (the debtor) who incurs the liability dictate, and he must fear Allah, his Lord, and diminish not anything of what he owes. But if the debtor is of poor understanding, or weak, or is unable himself to dictate, then let his guardian dictate in justice. And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her. And the witnesses should not refuse when they are called on (for evidence). You should not become weary to write it (your contract), whether it be small or big, for its fixed term, that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves, save when it is a present trade which you carry out on the spot among yourselves, then there is no sin on you if you do not write it down. But take witnesses whenever you make a commercial contract. Let neither scribe nor witness suffer any harm, but if you do (such harm), it would be wickedness in you. So be afraid of Allah; and Allah teaches you. And Allah is the All-Knower of each and everything.

Page 48 English transliteration