Knowledge Comes from God – God is the Teacher

2. Surah Al Baqarah

The Quranic Text & Ali’s Version:

يَا أَيُّهَا الَّذِينَ آمَنُواْ ...

2:282. O ye who believe!

... إِذَا تَدَايَنتُم بِدَيْنٍ إِلَى أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ...

when ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing.

C329. The first part of the verse deals with transactions involving future payment or future consideration, and the second part with transactions in which payment and delivery are made on the spot.

Examples of the former are if goods are bought now and payment is promised at a fixed time and place in the future, or if cash is paid now and delivery is contracted for at a fixed time and place in the future. In such cases a written document is recommended, but it is held that the words later on in this verse, that it is "juster . . . more suitable as evidence, and more convenient to prevent doubts", etc. imply that it is not obligatory in law.

Examples of the latter kind - cash payment and delivery on the spot - require no evidence in writing, but apparently oral witnesses to such transactions are recommended.

... وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌ بِالْعَدْلِ...

Let a scribe write down faithfully as between the parties:

... وَلاَ يَأْبَ كَاتِبٌ أَنْ يَكْتُبَ كَمَا عَلَّمَهُ اللّهُ ...

let not the scribe refuse to write, as Allah has taught him,

C330. The scribe in such matters assumes a fiduciary capacity: he should therefore remember to act as in the presence of Allah, with full justice to both parties. The art of writing he should look upon as a gift from Allah, and he should use it as in His service.

In an illiterate population the scribe's position is still more responsible.

... فَلْيَكْتُبْ وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللّهَ رَبَّهُ وَلاَ يَبْخَسْ مِنْهُ شَيْئًا...

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.

... فَإن كَانَ الَّذِي عَلَيْهِ الْحَقُّ سَفِيهًا أَوْ ضَعِيفًا...

If the party liable is mentally deficient, or weak,

... أَوْ لاَ يَسْتَطِيعُ أَن يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ...

or unable himself to dictate, let his guardian dictate faithfully.

C331. Possibly the person "mentally deficient, or weak, or unable to dictate", may also be incapable of making a valid contract, and the whole duty would be on his guardian, who again must act in perfect good faith, not only protecting but vigilantly promoting the interests of his ward.

... وَاسْتَشْهِدُواْ شَهِيدَيْنِ من رِّجَالِكُمْ...

And get two witnesses, out of your own men,

C332. It is desirable that the men (or women) who are chosen as witness should be from the circle to which the parties belong, as they would best be able to understand the transaction, and be most easily available if their evidence is required in future.

... فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ...

and if there are not two men, then a man and two women,

... مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَاء أَن تَضِلَّ إْحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الأُخْرَى...

such as ye choose, for witnesses, so that if one of them errs, the other can remind her.

... وَلاَ يَأْبَ الشُّهَدَاء إِذَا مَا دُعُواْ...

The witnesses should not refuse when they are called on (for evidence).

... وَلاَ تَسْأَمُوْاْ أَن تَكْتُبُوْهُ صَغِيرًا أَو كَبِيرًا إِلَى أَجَلِهِ...

Disdain not to reduce to writing (your contract) for a future period, whether it be small or big:

... ذَلِكُمْ أَقْسَطُ عِندَ اللّهِ وَأَقْومُ لِلشَّهَادَةِ وَأَدْنَى أَلاَّ تَرْتَابُواْ...

it is juster in the sight of Allah, more suitable as evidence, and more convenient to prevent doubts among yourselves;

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

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.

... وَأَشْهِدُوْاْ إِذَا تَبَايَعْتُمْ وَلاَ يُضَآرَّ كَاتِبٌ وَلاَ شَهِيدٌ...

But take witnesses whenever ye make a commercial contract; and let neither scribe nor witness suffer harm.

... وَإِن تَفْعَلُواْ فَإِنَّهُ فُسُوقٌ بِكُمْ ...

If ye do (such harm), it would be wickedness in you.

... وَاتَّقُواْ اللّهَ وَيُعَلِّمُكُمُ اللّهُ وَاللّهُ بِكُلِّ شَيْءٍ عَلِيمٌ ﴿٢٨٢﴾

So fear Allah; for it is Allah that teaches you. And Allah is well acquainted with all things.

C333. Commercial morality is here taught on the highest plane and yet in the most practical manner, both as regards the bargains to be made, the evidence to be provided, the doubts to be avoided, and the duties and rights of scribes and witnesses.

Probity even in worldly matters is to be, not a mere matter of convenience or policy, but a matter of conscience and religious duty. Even our every-day transactions are to be carried out as in the presence of Allah.

Other versions:

Asad’s version

2:282 O YOU who have attained to faith! Whenever you give or take credit[269] for a stated term, set it down in writing. And let a scribe write it down equitably between you; and no scribe shall refuse to write as God has taught him: [270] thus shall he write. And let him who contracts the debt dictate; and let him be conscious of God, his Sustainer, and not weaken anything of his undertaking. [271] And if he who contracts the debt is weak of mind or body, or, is not able to dictate himself, [272] then let him who watches over his interests dictate equitably. And call upon two of your men to act as witnesses; and if two men are not available, then a man and two women from among such as are acceptable to you as witnesses, so that if one of them should make a mistake, the other could remind her. [273] And the witnesses must not refuse [to give evidence] whenever they are called upon. And be not loath to write down every contractual provision, [274] be it small or great, together with the time at which it falls due; this is more equitable in the sight of God, more reliable as evidence, and more likely to prevent you from having doubts [later]. If, however, [the transaction] concerns ready merchandise which you transfer directly unto one another, you will incur no sin if you do not write it down. And have witnesses whenever you trade with one another, but neither scribe nor witness must suffer harm; [275] for if you do [them harm], behold, it will be sinful conduct on your part. And remain conscious of God, since it is God who teaches you [herewith] - and God has full knowledge of everything.

Pickthall’s version

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.

[[Asad’s notes :-

269 The above phrase embraces any transaction on the basis of credit, be it an outright

loan or a commercial deal. It relates (as the grammatical form tadayantum shows) to both the giver and taker of credit, and has been rendered accordingly.

270 I.e., in accordance with the laws promulgated in the Qur'an.

271 Lit., "and do not diminish anything thereof". Thus, the formulation of the undertaking is left to the weaker party, i.e., to the one who contracts the debt.

272 E.g., because he is physically handicapped, or does not fully understand the business terminology used in such contracts, or is not acquainted with the language in which the contract is to be written. The definition "weak of mind or body" (lit., "lacking in understanding or weak") applies to minors as well as to very old persons who are no longer in full possession of their mental faculties.

273 The stipulation that two women may be substituted for one male witness does not imply any reflection on woman's moral or intellectual capabilities: it is obviously due to the fact that, as a rule, women are less familiar with business procedures than men and, therefore, more liable to commit mistakes in this respect (see 'Abduh in Manar 111, 1 24 f).

274 Lit., "to write it down" - i.e., all rights and obligations arising from the contract. 275 E.g., by being held responsible for the eventual consequences of the contract as such, or for the non-fulfilment of any of its provisions by either of the contracting parties. ]]