Islam Guidance

Verse282

(282) يَا أَيُّهَا الَّذِينَ آمَنُواْ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَى أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌ بِالْعَدْلِ

وَلاَ يَأْبَ كَاتِبٌ أَنْ يَكْتُبَ كَمَا عَلَّمَهُ اللّهُ فَلْيَكْتُبْ وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللّهَ رَبَّهُ وَلاَ

يَبْخَسْ مِنْهُ شَيْئًا فَإن كَانَ الَّذِي عَلَيْهِ الْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لاَ يَسْتَطِيعُ أَن يُمِلَّ هُوَ فَلْيُمْلِلْ

وَلِيُّهُ بِالْعَدْلِ وَاسْتَشْهِدُواْ شَهِيدَيْنِ من رِّجَالِكُمْ فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ

مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَاء أَن تَضِلَّ إْحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الأُخْرَى وَلاَ يَأْبَ الشُّهَدَاء إِذَا

مَا دُعُواْ وَلاَ تَسْأَمُوْاْ أَن تَكْتُبُوْهُ صَغِيرًا أَو كَبِيرًا إِلَى أَجَلِهِ ذَلِكُمْ أَقْسَطُ عِندَ اللّهِ وَأَقْومُ لِلشَّهَادَةِ

وَأَدْنَى أَلاَّ تَرْتَابُواْ إِلاَّ أَن تَكُونَ تِجَارَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلاَّ تَكْتُبُوهَا

وَأَشْهِدُوْاْ إِذَا تَبَايَعْتُمْ وَلاَ يُضَآرَّ كَاتِبٌ وَلاَ شَهِيدٌ وَإِن تَفْعَلُواْ فَإِنَّهُ فُسُوقٌ بِكُمْ وَاتَّقُواْ اللّهَ وَيُعَلِّمُكُمُ

اللّهُ وَاللّهُ بِكُلِّ شَيْءٍ عَلِيمٌ

282. "O' you who have Faith ! when you contract a debt for a stated term, then write it down; and let a scribe write it down justly between you, and no scribe may refuse to write as Allah has taught him; so let him write, and let the one who incurs the debt dictate and he should be in awe of Allah, his Lord, and not diminish anything from it. And if he who owes the debt is unsound in understanding, or weak (mentally), or if he is not able to dictate himself, then let his guardian dictate justly; and call to witness from among your men, two witnesses; but if two men are not available, then a man and two women from among those whom you approve as witnesses; so that if either of the two women errs, the other will remind her; and the witnesses should not refuse (to evidence) whenever they are summoned. And be not averse to writing it down, be the transaction small or big, with its fix term.

That is more equitable in Allah's sight and more proper for testimony, and the surest way of avoiding doubt among yourselves; unless it is ready merchandise which you handle between yourselves, then there is no sin on you not to write it down. And have witnesses when you are trading one with another. And let no harm be done to a scribe or witness; and if you do, that is transgression on your part. Be in awe of Allah, and Allah teaches you, and Allah is All-Knowing of all things."
Commentary:
Commercial Documents in the Qur'an
After stating ordinances of charity given in the way of Allah, and the problem of usury, this verse, which is the longest verse of the Qur'an, expresses some ordinances upon the commercial and economical affairs in order that the capitals gain their natural growth and no difficulty or conflict comes forth for people.
There are nineteen significant instructions about financial communication and trading in this verse which are dealt with in the following.
1. In the first ordinance it says:
" O' you who have Faith! when you contract a debt for a stated term, then write it down;..."
This meaning, however, makes the problem of loan clear, too, saying that it is permitted, as well as appointing a time for the loan. The verse under discussion includes the whole debts which are found in bargains, like: a time-bargain, purchases on credit, and the loan itself.
2 & 3. Then, to create more confidence, and that the contracts to be safe from the probable interference from the side of either of the parties, it says:
"... and let a scribe write it down just between you...
Thus, contracts must be arranged by a third person who is just.
4. The person who is able to write must not refrain from writing.
"... and no scribe may refuse to write as Allah has taught him;..."
That is, for the sake of that blessing which Allah has bestowed upon him, he should not flee from performing that writing of contract, and he must help the two sides of the bargaining in this essential problem.
5. "...So let him write, and let the one who incurs the debt dictate..."
6. "...and he should be in awe of Allah, his Lord, and not diminish it...."
7. "...And if he who owes the debt is unsound in understanding, or weak (mentally), or if he is not able to dictate himself, then let his guardian dictate..."
8. The Guardian should also observe justice in dictating and confessing the debt of those who are under his guardianship.
"...justly..."
9. Then it adds that besides that beware:
"... and call to witness from among your men, two witnesses;..."
10,11."... from among your men,...", means that, these two men should be both 'grown up' and 'Muslim'.
12. "... but if two men are not available, then a man and two women..."
13. "... from among those whom you approve as witnesses;..."
14. In the case that witnesses are two men, either of them can bear witness independently. But when the witnesses are two women and a man, those two women must bear witness with together :
"... so that if either of the two women errs, the other will remind her;..."
It is for the reason that women, because of the strong emotions they have, may be affected by some factors and deviate from the right path.
15. One of the ordinances upon this subject is that:
"... and the witnesses should not refuse (to evidence) whenever they are summoned. ..."
Therefore, bearing witness is obligatory, when the invitation for the matter comes forth.
16. Debt should be written done whether it is small or big, because the safety of the economical relations, which Islam means, requires that, even in the contracts concerning the small debts, the documents be written, too. That is for the same reason that the next sentence of the verse says:
"... And be not averse to writing it down, be the transaction small or big, with its fix term. ..."
Then, it adds:
"... That is more equitable in Allah's sight and more proper for testimony, and the surest way of avoiding doubt among yourselves;..."
This sentence, in fact, is a hint to the philosophy of the above mentioned ordinances about writing transactional documents. It vividly shows that these recorded documents can be applied by the judge as witnesses and proofs.
17. Then, one aspect is exceptionally separated from this ordinance, when it says:
"...unless it is ready merchandise which you handle between yourselves, then there is no sin on you not to write it down..."
18. In cash transactions, though arranging and writing document
is not necessary, still calling to witnesses is better for them, because it
can prevent the probable future disputes. So, it says:
"... And have witnesses when you are trading one with another...."
19. For the last ordinance mentioned in this verse, it says:
"... And let no harm be done to a scribe or witness;..."
Then, it is added:
"... and if you do, that is transgression on your part...."
Finally, after mentioning all these ordinances, the Qur'an invites
people to piety, virtue, and obedience to Allah, saying:
"... be in awe of Allah,..."
Next to that, it reminds that whatever is necessary for your material and spiritual life, Allah teaches you:
"...and Allah teaches you,..."
The occurrence of the above two phrases beside each other indicates that piety and worshipping Allah have a deep effect in appearing insight, cognizance and the increase of knowledge.
And, He is aware of everything that is good or evil for people. So, He determines what is good and appropriate for them.
"... and Allah is All-Knowing of all things. "

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