Al-Qur'an Surah Al-Baqarah Verse 282
Al-Baqarah [2]: 282 ~ English Qur'an Word By Word and Multi Tafseer
يٰٓاَيُّهَا الَّذِيْنَ اٰمَنُوْٓا اِذَا تَدَايَنْتُمْ بِدَيْنٍ اِلٰٓى اَجَلٍ مُّسَمًّى فَاكْتُبُوْهُۗ وَلْيَكْتُبْ بَّيْنَكُمْ كَاتِبٌۢ بِالْعَدْلِۖ وَلَا يَأْبَ كَاتِبٌ اَنْ يَّكْتُبَ كَمَا عَلَّمَهُ اللّٰهُ فَلْيَكْتُبْۚ وَلْيُمْلِلِ الَّذِيْ عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللّٰهَ رَبَّهٗ وَلَا يَبْخَسْ مِنْهُ شَيْـًٔاۗ فَاِنْ كَانَ الَّذِيْ عَلَيْهِ الْحَقُّ سَفِيْهًا اَوْ ضَعِيْفًا اَوْ لَا يَسْتَطِيْعُ اَنْ يُّمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهٗ بِالْعَدْلِۗ وَاسْتَشْهِدُوْا شَهِيْدَيْنِ مِنْ رِّجَالِكُمْۚ فَاِنْ لَّمْ يَكُوْنَا رَجُلَيْنِ فَرَجُلٌ وَّامْرَاَتٰنِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَۤاءِ اَنْ تَضِلَّ اِحْدٰىهُمَا فَتُذَكِّرَ اِحْدٰىهُمَا الْاُخْرٰىۗ وَلَا يَأْبَ الشُّهَدَۤاءُ اِذَا مَا دُعُوْا ۗ وَلَا تَسْـَٔمُوْٓا اَنْ تَكْتُبُوْهُ صَغِيْرًا اَوْ كَبِيْرًا اِلٰٓى اَجَلِهٖۗ ذٰلِكُمْ اَقْسَطُ عِنْدَ اللّٰهِ وَاَقْوَمُ لِلشَّهَادَةِ وَاَدْنٰىٓ اَلَّا تَرْتَابُوْٓا اِلَّآ اَنْ تَكُوْنَ تِجَارَةً حَاضِرَةً تُدِيْرُوْنَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ اَلَّا تَكْتُبُوْهَاۗ وَاَشْهِدُوْٓا اِذَا تَبَايَعْتُمْ ۖ وَلَا يُضَاۤرَّ كَاتِبٌ وَّلَا شَهِيْدٌ ەۗ وَاِنْ تَفْعَلُوْا فَاِنَّهٗ فُسُوْقٌۢ بِكُمْ ۗ وَاتَّقُوا اللّٰهَ ۗ وَيُعَلِّمُكُمُ اللّٰهُ ۗ وَاللّٰهُ بِكُلِّ شَيْءٍ عَلِيْمٌ (البقرة : ٢)
- yāayyuhā
- يَٰٓأَيُّهَا
- O you
- alladhīna
- ٱلَّذِينَ
- who
- āmanū
- ءَامَنُوٓا۟
- believe[d]!
- idhā
- إِذَا
- When
- tadāyantum
- تَدَايَنتُم
- you contract with one another
- bidaynin
- بِدَيْنٍ
- any debt
- ilā
- إِلَىٰٓ
- for
- ajalin
- أَجَلٍ
- a term
- musamman
- مُّسَمًّى
- fixed
- fa-uk'tubūhu
- فَٱكْتُبُوهُۚ
- then write it
- walyaktub
- وَلْيَكْتُب
- And let write
- baynakum
- بَّيْنَكُمْ
- between you
- kātibun
- كَاتِبٌۢ
- a scribe
- bil-ʿadli
- بِٱلْعَدْلِۚ
- in justice
- walā
- وَلَا
- And not
- yaba
- يَأْبَ
- (should) refuse
- kātibun
- كَاتِبٌ
- a scribe
- an
- أَن
- that
- yaktuba
- يَكْتُبَ
- he writes
- kamā
- كَمَا
- as
- ʿallamahu
- عَلَّمَهُ
- (has) taught him
- l-lahu
- ٱللَّهُۚ
- Allah
- falyaktub
- فَلْيَكْتُبْ
- So let him write
- walyum'lili
- وَلْيُمْلِلِ
- and let dictate
- alladhī
- ٱلَّذِى
- the one
- ʿalayhi
- عَلَيْهِ
- on whom
- l-ḥaqu
- ٱلْحَقُّ
- (is) the right
- walyattaqi
- وَلْيَتَّقِ
- and let him fear
- l-laha
- ٱللَّهَ
- Allah
- rabbahu
- رَبَّهُۥ
- his Lord
- walā
- وَلَا
- and (let him) not
- yabkhas
- يَبْخَسْ
- diminish
- min'hu
- مِنْهُ
- from it
- shayan
- شَيْـًٔاۚ
- anything
- fa-in
- فَإِن
- Then if
- kāna
- كَانَ
- is
- alladhī
- ٱلَّذِى
- the one
- ʿalayhi
- عَلَيْهِ
- on him
- l-ḥaqu
- ٱلْحَقُّ
- (is) the right
- safīhan
- سَفِيهًا
- (of) limited understanding
- aw
- أَوْ
- or
- ḍaʿīfan
- ضَعِيفًا
- weak
- aw
- أَوْ
- or
- lā
- لَا
- not
- yastaṭīʿu
- يَسْتَطِيعُ
- capable
- an
- أَن
- that
- yumilla
- يُمِلَّ
- (can) dictate
- huwa
- هُوَ
- he
- falyum'lil
- فَلْيُمْلِلْ
- then let dictate
- waliyyuhu
- وَلِيُّهُۥ
- his guardian
- bil-ʿadli
- بِٱلْعَدْلِۚ
- with justice
- wa-is'tashhidū
- وَٱسْتَشْهِدُوا۟
- And call for evidence
- shahīdayni
- شَهِيدَيْنِ
- two witnesses
- min
- مِن
- among
- rijālikum
- رِّجَالِكُمْۖ
- your men
- fa-in
- فَإِن
- And if
- lam
- لَّمْ
- not
- yakūnā
- يَكُونَا
- there are
- rajulayni
- رَجُلَيْنِ
- two men
- farajulun
- فَرَجُلٌ
- then one man
- wa-im'ra-atāni
- وَٱمْرَأَتَانِ
- and two women
- mimman
- مِمَّن
- of whom
- tarḍawna
- تَرْضَوْنَ
- you agree
- mina
- مِنَ
- of
- l-shuhadāi
- ٱلشُّهَدَآءِ
- [the] witnesses
- an
- أَن
- (so) that (if)
- taḍilla
- تَضِلَّ
- [she] errs
- iḥ'dāhumā
- إِحْدَىٰهُمَا
- one of the two
- fatudhakkira
- فَتُذَكِّرَ
- then will remind
- iḥ'dāhumā
- إِحْدَىٰهُمَا
- one of the two
- l-ukh'rā
- ٱلْأُخْرَىٰۚ
- the other
- walā
- وَلَا
- And not
- yaba
- يَأْبَ
- (should) refuse
- l-shuhadāu
- ٱلشُّهَدَآءُ
- the witnesses
- idhā
- إِذَا
- when
- mā
- مَا
- that
- duʿū
- دُعُوا۟ۚ
- they are called
- walā
- وَلَا
- And not
- tasamū
- تَسْـَٔمُوٓا۟
- (be) weary
- an
- أَن
- that
- taktubūhu
- تَكْتُبُوهُ
- you write it
- ṣaghīran
- صَغِيرًا
- small
- aw
- أَوْ
- or
- kabīran
- كَبِيرًا
- large
- ilā
- إِلَىٰٓ
- for
- ajalihi
- أَجَلِهِۦۚ
- its term
- dhālikum
- ذَٰلِكُمْ
- That
- aqsaṭu
- أَقْسَطُ
- (is) more just
- ʿinda
- عِندَ
- near
- l-lahi
- ٱللَّهِ
- Allah
- wa-aqwamu
- وَأَقْوَمُ
- and more upright
- lilshahādati
- لِلشَّهَٰدَةِ
- for evidence
- wa-adnā
- وَأَدْنَىٰٓ
- and nearer
- allā
- أَلَّا
- that not
- tartābū
- تَرْتَابُوٓا۟ۖ
- you (have) doubt
- illā
- إِلَّآ
- except
- an
- أَن
- that
- takūna
- تَكُونَ
- be
- tijāratan
- تِجَٰرَةً
- a transaction
- ḥāḍiratan
- حَاضِرَةً
- present
- tudīrūnahā
- تُدِيرُونَهَا
- you carry out
- baynakum
- بَيْنَكُمْ
- among you
- falaysa
- فَلَيْسَ
- then not
- ʿalaykum
- عَلَيْكُمْ
- on you
- junāḥun
- جُنَاحٌ
- any sin
- allā
- أَلَّا
- that not
- taktubūhā
- تَكْتُبُوهَاۗ
- you write it
- wa-ashhidū
- وَأَشْهِدُوٓا۟
- And take witness
- idhā
- إِذَا
- when
- tabāyaʿtum
- تَبَايَعْتُمْۚ
- you make commercial transaction
- walā
- وَلَا
- And not
- yuḍārra
- يُضَآرَّ
- (should) be harmed
- kātibun
- كَاتِبٌ
- (the) scribe
- walā
- وَلَا
- and not
- shahīdun
- شَهِيدٌۚ
- (the) witness
- wa-in
- وَإِن
- and if
- tafʿalū
- تَفْعَلُوا۟
- you do
- fa-innahu
- فَإِنَّهُۥ
- then indeed it
- fusūqun
- فُسُوقٌۢ
- (is) sinful conduct
- bikum
- بِكُمْۗ
- for you
- wa-ittaqū
- وَٱتَّقُوا۟
- and fear
- l-laha
- ٱللَّهَۖ
- Allah
- wayuʿallimukumu
- وَيُعَلِّمُكُمُ
- And teaches
- l-lahu
- ٱللَّهُۗ
- Allah
- wal-lahu
- وَٱللَّهُ
- And Allah
- bikulli
- بِكُلِّ
- of every
- shayin
- شَىْءٍ
- thing
- ʿalīmun
- عَلِيمٌ
- (is) All-Knower
Transliteration:
Yaa ayyuhal lazeena aamanoo izaa tadaayantum bidinin ilaa ajalimmusamman faktubooh; walyaktub bainakum kaatibum bil'adl; wa laa yaaba kaatibun ai yaktuba kamaa 'allamahul laah; falyaktub walyumlilil lazee 'alaihil haqqu walyattaqil laaha rabbahoo wa laa yabkhas minhu shai'aa; fa in kaanal lazee 'alaihil lhaqqu safeehan aw da'eefan aw laa yastatee'u ai yumilla huwa falyumlil waliyyuhoo bil'adl; wastash hidoo shaheedaini mir rijaalikum fa il lam yakoonaa rajulaini farajulunw wamra ataani mimman tardawna minash shuhadaaa'i an tadilla ihdaahumaa fatuzakkira ihdaahumal ukhraa; wa laa yaabash shuhadaaa'u izaa maadu'oo; wa laa tas'amooo an taktuboohu sagheeran awkabeeran ilaaa ajalih; zaalikum aqsatu 'indal laahi wa aqwamu lishshahaadati wa adnaaa allaa tartaabooo illaaa an takoona tijaaratan haadiratan tudeeroonahaa bainakum falaisa 'alaikum junaahun allaa taktuboohan; wa ashidooo izaa tabaaya'tum; wa laa yudaaarra kaatibunw wa laa shaheed; wa in taf'aloo fa innahoo fusooqum bikum; wattaqul laaha wa yu'allimu kumul laah; wallaahu bikulli shai'in 'Aleem(QS. al-Baq̈arah:282)
English / Sahih Translation:
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 [i.e., the debtor] 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 them [i.e., 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. (QS. Al-Baqarah, ayah 282)
Mufti Taqi Usmani
O you who believe, when you transact a debt payable at a specified time, put it in writing, and let a scribe write it between you with fairness. A scribe should not refuse to write as Allah has educated him. He, therefore, should write. The one who owes something should get it written, but he must fear Allah, his Lord, and he should not omit anything from it.If the one who owes is feeble-minded or weak or cannot dictate himself, then his guardian should dictate with fairness. Have two witnesses from among your men, and if two men are not there, then one man and two women from those witnesses whom you like, so that if one of the two women errs, the other woman may remind her. The witnesses should not refuse when summoned. And do not be weary of writing it down, along with its due date, no matter whether the debt is small or large. That is more equitable in Allah’s sight, and more supportive as evidence, and more likely to make you free of doubt. However, if it is a spot transaction you are effecting between yourselves, there is no sin on you, should you not write it. Have witnesses when you transact a sale. Neither a scribe should be made to suffer, nor a witness. If you do (something harmful to them), it is certainly a sin on your part, and fear Allah. Allah educates you, and Allah is All-Knowing in respect of everything.
Dr. Mustafa Khattab, the Clear Quran
O believers! When you contract a loan for a fixed period of time, commit it to writing. Let the scribe maintain justice between the parties. The scribe should not refuse to write as Allah has taught them to write. They will write what the debtor dictates, bearing Allah in mind and not defrauding the debt. If the debtor is incompetent, weak, or unable to dictate, let their guardian dictate for them with justice. Call upon two of your men to witness. If two men cannot be found, then one man and two women of your choice will witness—so if one of the women forgets the other may remind her.[[ Generally speaking, there is a difference between witnessing and giving testimony before a judge. Verse {2:282} talks about witnessing a debt contract, not giving testimony. To fully understand the context of this verse, we need to keep in mind that 1500 years ago women did not normally participate in business transactions or travel with trading caravans and, therefore, not every woman had the expertise to witness a debt contract. Even if two women were available at the time of signing the contract, perhaps the primary witness might not be able to recall the details of the contract or appear before a judge because of compelling circumstances such as pregnancy or delivery. In any of these cases, the second woman will be a back-up. Some scholars maintain that one woman can be sufficient as a witness so long as she is reliable. As for giving testimony, a ruling can be made based on available testimony, regardless of the number or gender of the witnesses. For example, the beginning of Ramaḍân is usually confirmed by the sighting of the new moon, regardless of the gender of the person who sights the moon. Also the highest form of witness in Islam is for someone to testify they heard a narration (or ḥadîth) from the Prophet (ﷺ). An authentic ḥadîth is accepted by all Muslims regardless of the gender of the narrator. Moreover, if a husband accuses his wife of adultery and he has no witnesses, each spouse must testify five times that they are telling the truth and the other side is lying. Both testimonies are equal (see {24:6}-10). In some cases, only women’s testimony is accepted while men’s testimony is rejected, such as testifying regarding a woman’s pregnancy or virginity. ]] The witnesses must not refuse when they are summoned. You must not be against writing ˹contracts˺ for a fixed period—whether the sum is small or great. This is more just ˹for you˺ in the sight of Allah, and more convenient to establish evidence and remove doubts. However, if you conduct an immediate transaction among yourselves, then there is no need for you to record it, but call upon witnesses when a deal is finalized. Let no harm come to the scribe or witnesses. If you do, then you have gravely exceeded ˹your limits˺. Be mindful of Allah, for Allah ˹is the One Who˺ teaches you. And Allah has ˹perfect˺ knowledge of all things.
Ruwwad Translation Center
O you who believe, when you contract a debt among yourselves for a fixed period of time, write it down, and let the scribe write it between you with fairness. The scribe whom Allah has taught should not refuse to write, so let him write, and let the debtor dictate, but he should fear Allah his Lord, and not diminish anything out of it. If the debtor is feeble-minded, weak, or unable to dictate, then let his guardian dictate fairly, and bring two witnesses from among your men; if two men are not available, then one man and two women from those whom you accept as witnesses – so that if one of them forgets, the other can remind her. The witnesses should not refuse when they are summoned. Do not be reluctant to write down your debts, whether the amount is small or large, for a fixed period of time; that is more equitable in the sight of Allah, and more supportive as evidence, and more likely to prevent doubts among yourselves. However, if you are conducting a transaction on the spot between yourselves, there is no blame upon you not to write it, but take witnesses whenever you trade with one another. Neither a scribe nor a witness should suffer harm, for if you do cause them harm, it is indeed a sin on your part. So fear Allah, for it is Allah Who teaches you, and Allah is All-Knowing of everything.
A. J. Arberry
O believers, when you contract a debt one upon another for a stated term, write it down, and let a writer write it down between you justly, and let not any writer refuse to write it down, as God has taught him; so let him write, and let the debtor dictate, and let him fear God his Lord and not diminish aught of it. And if the debtor be a fool, or weak, or unable to dictate himself, then let his guardian dictate justly. And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of, that if one of the two women errs the other will remind her; and let the witnesses not refuse, whenever they are summoned. And be not loth to write it down, whether it be small or great, with its term; that is more equitable in God's sight, more upright for testimony, and likelier that you will not be in doubt. Unless it be merchandise present that you give and take between you; then it shall be no fault in you if you do not write it down. And take witnesses when you are trafficking one with another. And let not either writer or witness be pressed; or if you do, that is ungodliness in you. And fear God; God teaches you, and God has knowledge of everything.
Abdul Haleem
You who believe, when you contract a debt for a stated term, put it down in writing: have a scribe write it down justly between you. No scribe should refuse to write: let him write as God has taught him, let the debtor dictate, and let him fear God, his Lord, and not diminish [the debt] at all. If the debtor is feeble-minded, weak, or unable to dictate, then let his guardian dictate justly. Call in two men as witnesses. If two men are not there, then call one man and two women out of those you approve as witnesses, so that if one of the two women should forget the other can remind her. Let the witnesses not refuse when they are summoned. Do not disdain to write the debt down, be it small or large, along with the time it falls due: this way is more equitable in God’s eyes, more reliable as testimony, and more likely to prevent doubts arising between you. But if the merchandise is there and you hand it over, there is no blame on you if you do not write it down. Have witnesses present whenever you trade with one another, and let no harm be done to either scribe or witness, for if you did cause them harm, it would be a crime on your part. Be mindful of God, and He will teach you: He has full knowledge of everything.
Abdul Majid Daryabadi
O ye who believe! when ye deal, one with anot her, in lending for a term named, write it down, and let a scribe write it down justly between you, and let not the scribe refuse to write according as Allah hath taught him. Let him write them, and let him who oweth dictate, and let him fear Allah, his Lord, and diminish not aught thereof. But if he who oweth be witless or infirm or unable himself to dictate, then let his guardian dictate justly. And call to witness two witnesses of your men, but if both be not men, then a man and two women of those ye agree upon as witnesses, so that if one of the twain err, the one thereof shall remind the other: and let not the witnesses refuse When they are called on And be not Weary of writing it down, be it small or big, with the term thereof. This is the most equitable in the sight of Allah and the most confirmatory of testimony and nearest that ye may not doubt, except when it be a ready merchandise that ye circulate between you, for then there Shall be no blame on you if ye write it not down. And call witnesses when ye bargain With one anot her; and let not the scribe eome to harm nor the witness; and if ye do, verily it will be wickedness in you. Fear Allah; and Allah teacheth you Knower; and Allah is of everything Knower.
Abdullah Yusuf Ali
O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing Let a scribe write down faithfully as between the parties; let not the scribe refuse to write; as Allah Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord Allah, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate, Let his guardian dictate faithfully, and get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (For evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big; it is juster in the sight of Allah, More suitable as evidence, and more convenient to prevent doubts among yourselves but if it be a transaction which ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing. But take witness whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm), it would be wickedness in you. So fear Allah; For it is Good that teaches you. And Allah is well acquainted with all things. If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust, and let him Fear his Lord conceal not evidence; for whoever conceals it, - his heart is tainted with sin. And Allah knoweth all that ye do.
Abul Ala Maududi
O Believers, when you contract a debt for a fixed; term, you should put it in writing. 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 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. 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, but in case of commercial transactions you should have witnesses. The scribe and the witnesses should not be harassed: 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.
Ahmed Ali
O believers, when you negotiate a debt for a fixed term, draw up an agreement in writing, though better it would be to have a scribe write it faithfully down; and no scribe should refuse to write as God has taught him, and write what the borrower dictates, and have fear of God, his Lord, and not leave out a thing. If the borrower is deficient of mind or infirm, or unable to explain, let the guardian explain judiciously; and have two of your men to act as witnesses; but if two men are not available, then a man and two women you approve, so that in case one of them is confused the other may prompt her. When the witnesses are summoned they should not refuse (to come). But do not neglect to draw up a contract, big or small, with the time fixed for paying back the debt. This is more equitable in the eyes of God, and better as evidence and best for avoiding doubt. But if it is a deal about some merchandise requiring transaction face to face, there is no harm if no (contract is drawn up) in writing. Have witnesses to the deal, (and make sure) that the scribe or the witness is not harmed. If he is, it would surely be sinful on your part. And have fear of God, for God gives you knowledge, and God is aware of everything.
Ahmed Raza Khan
O People who Believe! If you make an agreement for debt for a specified time, write it down; and appoint a scribe to write it for you with accuracy; and the scribe must not refuse to write in the manner Allah has taught him, so he must write; and the liable person (debtor) should dictate it to him and fear Allah, Who is his Lord, and not hide anything of the truth; but if the debtor is of poor reasoning, or weak, or unable to dictate, then his guardian must dictate with justice; and appoint two witnesses from your men; then if two men are not available, one man and two women from those you would prefer to be witnesses, so that if one of them forgets, the other can remind her; and the witnesses must not refuse when called upon to testify; do not feel burdened to write it, whether the transaction is small or big – write it for up to its term’s end; this is closer to justice before Allah and will be a strong evidence and more convenient to dispel doubts amongst yourselves – except when it is an instant trade in which exchange is carried out immediately, there is no sin on you if it is not written down; and take witnesses whenever you perform trade; and neither the scribe nor the witnesses be caused any harm (or they cause any harm); and if you do, it would be an offence on your part; and fear Allah; and Allah teaches you; and Allah knows everything.
Ali Quli Qarai
O you who have faith! When you contract a loan for a specified term, write it down. Let a writer write with honesty between you, and let not the writer refuse to write as Allah has taught him. So let him write, and let the one who incurs the debt dictate, and let him be wary of Allah, his Lord, and not diminish anything from it. But if the debtor be feeble-minded, or weak, or incapable of dictating himself, then let his guardian dictate with honesty, and take as witness two witnesses from your men, and if there are not two men, then a man and two women—from those whom you approve as witnesses—so that if one of the two defaults the other will remind her. The witnesses must not refuse when they are called, and do not consider it wearisome to write it down, whether it be a big or small sum, [as a loan lent] until its term. That is more just with Allah and more upright in respect to testimony, and the likeliest way to avoid doubt, unless it is an on-the-spot deal you transact between yourselves, in which case there is no sin upon you not to write it. Take witnesses when you make a deal, and let no harm be done to the writer or witness, and if you did that, it would be sinful of you. Be wary of Allah and Allah will teach you, and Allah has knowledge of all things.
Ali Ünal
O you who believe! When you contract a debt between you for a fixed term, record it in writing. Let a scribe write it down between you justly, and let no scribe refuse to write it down: as God has taught him (through the Qur’an and His Messenger), so let him write. And let the debtor dictate, and let him avoid disobeying God, his Lord (Who has created him and brought him up with mercy and grace) and curtail no part of it. If the debtor be weak of mind or body, or incapable of dictating, let his guardian dictate justly. And call upon two (Muslim) men among you as witnesses. If two men are not there, then let there be one man and two women, from among those of whom you approve as witnesses, that if either of the two women errs (through forgetfulness), the other may remind her. Let the witnesses not refuse when they are summoned (to give evidence). And (you, O scribes) be not loath to write down (the contract) whether it be small or great, with the term of the contract. Your doing so (O you who believe), is more equitable in the sight of God, more upright for testimony, and more likely that you will not be in doubt. If it be a matter of buying and selling concluded on the spot, then there will be no blame on you if you do not write it down; but do take witnesses when you settle commercial transactions with one another, and let no harm be done to either scribe or witness (nor let either of them act in a way to injure the parties). If you act (in a way to harm either party or the scribe and witnesses) indeed it will be transgression on your part. (Always) act in due reverence for God and try to attain piety. God teaches you (whatever you need in life and the way you must follow in every matter); God has full knowledge of everything.
Amatul Rahman Omar
O you who believe! when you transact a loan for a stipulated term, then write it down. Let a scribe write (it) in your presence in (term of) equity and fairness. The scribe shall not refuse to write down, since it is Allâh Who taught him (to write). Write he must. And let him upon whom be the liability, dictate and let him observe his duty to Allâh, his Lord, nor should he depreciate anything (what he owes) from it. But if the person upon whom the liability is, be of feeble mind or is infirm or he is incapable of dictating himself, then let some one who can watch his interests dictate in (term of) equity and fairness. And call in to witness (the transaction) two male witnesses from amongst your men. But if there be not two males (available) then let there be one male and two females such as you approve as witnesses (to bear witness), so that if either of the two women forgets then one may remind the other. And let the witnesses not refuse (to give evidence) whenever they are summoned. And never feel weary of writing it (- the transaction) down, whether it (- the debt) be small or large, along with the time of its (payment) being due. This (way) is more just in the sight of Allâh, and ensures a more upright evidence and is more likely to prevent your falling into doubts, (so write it down) except you carry ready trade and transfer the merchandise from hand to hand, in that case there shall be no blame on you that you do not write (the transaction). Yet have witnesses when you trade with one another. Let neither the scribe nor the witness be harmed, and if you do (any such thing) then that indeed, is disobedience on your part. Take Allâh as a shield (with the result that) Allâh will grant you knowledge, for Allâh has perfect knowledge of everything.
English Literal
You, you those who believed, if you indebted (each other) with a debt to a named/identified (specified) term/time, so write it, and (a) writer/one able to write should write between you with justice/equality , and awriter/one able to write does (should) not refuse/hate that to write as God taught/instructed him , so he should write (E). And whom the duty is on him (the borrower), should dictate (E) , and should fear and obey (E) God his lord, and does (should) not reduce/cheat from it a thing, so if whom the duty is on him (the borrower), was ignorant/foolish or weak, or that he is not able that to dictate he, so his guardian should dictate (E) with justice/equality and call a witness, two witnesses/testifiers from your men, so if they (B) are not two men, so a man and two women, from what/whom you accept/approve from the witnesses/testifiers that (E) one of them (B) be misguided, so she reminds the other (F). And the witnesses (should) not refuse/hate if as long as they are called , and do not be bored/tired that to write/dictate it small/little or big/great , to its term/time, that (is) more just/equitable at God, and more just/direct to the testimony/witnessing and nearer that you not be doubtful/suspicious, except that (it) be present commercial buying and selling , you run/manage it between you, so an offense/guilt/sin is not on you that you do not write/dictate it, and call a witness if you sold/traded (to each other). And no writer/one able to write nor honest witness (is to) be harmed, and if you make/do (that), so it is debauchery by/from you , and fear and obey God, and God teaches/instructs you , and God (is) with every thing knowledgeable.
Faridul Haque
O People who Believe! If you make an agreement for debt for a specified time, write it down; and appoint a scribe to write it for you with accuracy; and the scribe must not refuse to write in the manner Allah has taught him, so he must write; and the liable person (debtor ) should dictate it to him and fear Allah, Who is his Lord, and not hide anything of the truth; but if the debtor is of poor reasoning, or weak, or unable to dictate, then his guardian must dictate with justice; and appoint two witnesses from your men; then if two men are not available, one man and two women from those you would prefer to be witnesses, so that if one of them forgets, the other can remind her; and the witnesses must not refuse when called upon to testify; do not feel burdened to write it, whether the transaction is small or big - write it for up to its term’s end; this is closer to justice before Allah and will be a strong evidence and more convenient to dispel doubts amongst yourselves - except when it is an instant trade in which exchange is carried out immediately, there is no sin on you if it is not written down; and take witnesses whenever you perform trade; and neither the scribe nor the witnesses be caused any harm (or they cause any harm); and if you do, it would be an offence on your part; and fear Allah; and Allah teaches you; and Allah knows everything.
Hamid S. Aziz
O you who believe! If you contract a debt for a stated time, then write it down, and let a scribe faithfully record it in writing between you in equity; nor let a scribe refuse to write as Allah taught him, but let him write, and let him who owes dictate; but let him fear Allah his Lord, and diminish nothing there from; but if he who owes be of low understanding, or weak, or cannot dictate himself, then let the guardian of his interests (or agent) dictate faithfully in justice. And call two witnesses out from amongst their men; or if two men not be at hand, then a man and two women, from those whom he approves as witnesses, so that if one of the two should err, the second of the two may remind the other. And let not the witnesses refuse when they are summoned; and let them not tire of writing it, be it small or great, with the terms of payment. That is more just in the sight of Allah, and more upright for testimony, and brings you nearer to avoiding doubt. Unless, indeed, it be actual merchandise (or ready-money) which you transfer between you hand to hand. In that case it is no sin against you that you do not write it down; but bring witnesses to what you sell one to another, and let not either scribe or witness come to harm; for if you do, it will be an abomination in you. Observe your duty to Allah, for Allah is teaching you, and Allah is Knower of all things.
Hilali & Khan
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.
Maulana Mohammad Ali
O you who believe, when you contract a debt for a fixed time, write it down. 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 any thing 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. 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. 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. 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.
Mohammad Habib Shakir
O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (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 in 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 second of the two may remind the other; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things.
Mohammed Marmaduke William Pickthall
O ye who believe! When ye contract a debt for a fixed term, record it in writing. Let a scribe record it in writing between you in (terms of) equity. No scribe should refuse to write as Allah hath taught him, so let him write, and let him who incurreth the debt dictate, and let him observe his duty to Allah his Lord, and diminish naught thereof. But if he who oweth the debt is of low understanding, or weak, or unable himself to dictate, then let the guardian of his interests dictate in (terms of) equity. And call to witness, from among your men, two witnesses. And if two men be not (at hand) then a man and two women, of such as ye approve as witnesses, so that if the one erreth (through forgetfulness) the other will remember. And the witnesses must not refuse when they are summoned. Be not averse to writing down (the contract) whether it be small or great, with (record of) the term thereof. That is more equitable in the sight of Allah and more sure for testimony, and the best way of avoiding doubt between you; save only in the case when it is actual merchandise which ye transfer among yourselves from hand to hand. In that case it is no sin for you if ye write it not. And have witnesses when ye sell one to another, and let no harm be done to scribe or witness. If ye do (harm to them) lo! it is a sin in you. Observe your duty to Allah. Allah is teaching you. And Allah is knower of all things.
Muhammad Sarwar
Believers, if you take a loan for a known period of time, have a just scribe write it down for you. The scribe should not refuse to do this as God has taught him. The debtor should dictate without any omission and have fear of God, his Lord. If the debtor is a fool, a minor, or one who is unable to dictate, his guardian should act with justice as his representative. Let two men or one man and two women whom you choose, bear witness to the contract so that if one of them makes a mistake the other could correct him. The witness must not refuse to testify when their testimony is needed. Do not disdain writing down a small or a large contract with all the details. A written record of the contract is more just in the sight of God, more helpful for the witness, and a more scrupulous way to avoid doubt. However, if everything in the contract is exchanged at the same time, there is no sin in not writing it down. Let some people bear witness to your trade contracts but the scribe or witness must not be harmed; it is a sin to harm them. Have fear of God. God teaches you. He has knowledge of all things.
Qaribullah & Darwish
Believers, when you contract a debt for a fixed period, put it in writing. Let a scribe write it down between you with fairness; no scribe shall refuse to write as Allah has taught him. Therefore, let him write; and let the debtor dictate, fearing Allah his Lord, and do not decrease anything of it. If the debtor is a fool, or weak, or unable to dictate himself, let his guardian dictate for him in fairness. Call to witness two witnesses of your men, if the two are not men, then a man and two women from the witnesses whom you approve; so that if one of the two errs, one of them will remind the other. Whenever witnesses are called upon they must not refuse, and do not be weary to write it down, be it small or large, together with its term. This is more just with Allah; it ensures accuracy in testifying and is the least of doubt. Unless it is present merchandise that you circulate between you; then no guilt shall be on you if you do not write it down and take witnesses when you are selling, and let no harm be done to either scribe or witness. If you do, that is a transgression in you. Fear Allah. Allah teaches you, and Allah has knowledge of everything.
Safi-ur-Rahman al-Mubarakpuri
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 have Taqwa of Allah, his Lord, and diminish not anything of what he owes. But if the debtor is of poor understanding, or weak, or is unable to dictate for himself, 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 (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 have Taqwa of Allah; and Allah teaches you. And Allah is the All-Knower of everything.
Wahiduddin Khan
Believers, when you contract a debt for a stated term, put it down in writing; have a scribe write it down with fairness between you. No scribe should refuse to write: let him write as God has taught him, let the debtor dictate, and let him fear God, his Lord, and not diminish [the debt] at all. If the debtor is weak in mind or body, or unable to dictate, then in fairness let his guardian dictate for him. Call in two of your men as witnesses. But if two men cannot be found, then call one man and two women out of those you approve of as witnesses, so that if one of the two women should forget the other can remind her. Let the witnesses not refuse when they are summoned. Do not be disinclined to write down your debts, be they small or large, together with the date of payment. This is more just in the sight of God; it is more reliable as testimony, and more likely to prevent doubts arising between you, unless it be ready merchandise which you give or take from hand to hand, then it will not be held against you for not writing it down. Have witnesses present whenever you trade with one another, and let no harm be done to either scribe or witness, for if you did cause them harm, it would be a crime on your part. Be mindful of God; He teaches you: He has full knowledge of everything.
Talal Itani
O you who believe! When you incur debt among yourselves for a certain period of time, write it down. And have a scribe write in your presence, in all fairness. And let no scribe refuse to write, as God has taught him. So let him write, and let the debtor dictate. And let him fear God, his Lord, and diminish nothing from it. But if the debtor is mentally deficient, or weak, or unable to dictate, then let his guardian dictate with honesty. And call to witness two men from among you. If two men are not available, then one man and two women whose testimony is acceptable to all—if one of them fails to remember, the other would remind her. Witnesses must not refuse when called upon. And do not think it too trivial to write down, whether small or large, including the time of repayment. That is more equitable with God, and stronger as evidence, and more likely to prevent doubt—except in the case of a spot transaction between you—then there is no blame on you if you do not write it down. And let there be witnesses whenever you conclude a contract, and let no harm be done to either scribe or witness. If you do that, it is corruption on your part. And fear God. God teaches you. God is aware of everything.
Tafsir jalalayn
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 kf of ka-m, `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 m of idh m, `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 (il ajlihi is a circumstantial qualifier referring to the [pronominal suffix] h' of taktub-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 (tijratun hdiratun; a variant reading has tijratan hdiratan, in which case the nominal sentence is missing its subject, and must be the pronoun for tijra, `trade', that is, hiya, `it [fem. pronoun]') that you give and take between you, without there being a time- frame, then you will not be at fault if you do not write it, the merchandise itself, down. And take witnesses, over it, when you are trading with one another, for this is a better means of preventing dispute. The provisions here are delegated (to the personal choice of the people involved). And let not either writer or witness, the creditor and the debtor, be pressed, to distorting [the agreement], being prevented from testimony or dictation; nor should the creditor press them by charging them with what is not suitable for the testimony or the dictation; and if you do, what is prohibited to you, that is sinfulness, a rebellion against obedience, and lack of truth, in you. And fear God, in what He commands and prohibits. God teaches you (wa-yu`allimukumu Llhu, is an implied circumstantial qualifier or it denotes the beginning of a new clause), what is in your best interests, and God knows all things.
Tafseer Ibn Kathir
The Necessity of Writing Transactions That Take Effect Later on
This Ayah is the longest in the Glorious Qur'an.
Imam Abu Jafar 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,
يَا أَيُّهَا الَّذِينَ امَنُواْ 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 اللّهِ وَأَقْومُ لِلشَّهَادَةِ 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 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 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 فَلْيُوَدِّ الَّذِي اوْتُمِنَ أَمَانَتَهُ وَلْيَتَّقِ اللّهَ رَبَّهُ
(Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully). (2;283)
Allah's statement,
وَلْيَكْتُب بَّيْنَكُمْ 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,
وَلَا يَأْبَ كَاتِبٌ أَنْ يَكْتُبَ كَمَا عَلَّمَهُ اللّهُ 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 لاَِخْرَق
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 الَّذِي عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللّهَ 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.
وَلَا يَبْخَسْ مِنْهُ شَيْيًا
And diminish not anything of what he owes,
meaning, not hide any portion of what he owes.
فَإن كَانَ الَّذِي 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 لَا 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 من 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 said,
يَا مَعْشَرَ النِّسَاءِ تَصَدَّقْنَ وَأَكْثِرْنَ الاْاسْتِغْفَارَ 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
You curse a lot and you do not appreciate your mate.
وَمَا رَأَيْتُ مِنْ نَاقِصَاتِ عَقْلٍ وَدِينٍ أَغْلَبَ لِذِي لُبَ مِنْكُن
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
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.
وَتَمْكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفْطِرُ فِي رَمَضَانَ فَهَذَا نُقْصَانُ الدِّين
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 الشُّهَدَاء
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 الاُخْرَى
the other can remind her,
meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman.
Allah's statement,
وَلَا يَأْبَ الشُّهَدَاء 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,
وَلَا يَأْبَ كَاتِبٌ أَنْ يَكْتُبَ كَمَا عَلَّمَهُ اللّهُ 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,
وَلَا يَأْبَ الشُّهَدَاء 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,
وَلَا تَسْأَمُوْاْ أَن تَكْتُبُوْهُ صَغِيرًا أَو 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,
وَلَا تَسْأَمُوْاْ
(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 اللّهِ وَأَقْومُ لِلشَّهَادَةِ 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 fulfilled 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,
إِلاَّ أَن تَكُونَ تِجَارَةً 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,
وَأَشْهِدُوْاْ إِذَا تَبَايَعْتُمْ
But take witnesses whenever you make a commercial contract.
However, this command was abrogated by,
فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُوَدِّ الَّذِي اوْتُمِنَ أَمَانَتَهُ
(Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully). (2;283)
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'i.
Allah's statement,
وَلَا يُضَأرَّ كَاتِبٌ وَلَا 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 اللّهَ
So have Taqwa of Allah,
means, fear Him, remember His watch over you, implement His command and avoid what He prohibited.
وَيُعَلِّمُكُمُ اللّهُ
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 يُوْتِكُمْ 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;
وَاللّهُ 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