Verse. 289

٢ - ٱلْبَقَرَة

2 - Al-Baqara

يٰۗاَيُّہَا الَّذِيْنَ اٰمَنُوْۗا اِذَا تَدَايَنْتُمْ بِدَيْنٍ اِلٰۗى اَجَلٍ مُّسَمًّى فَاكْتُبُوْہُ۝۰ۭ وَلْيَكْتُبْ بَّيْنَكُمْ كَاتِبٌۢ بِالْعَدْلِ۝۰۠ وَلَا يَاْبَ كَاتِبٌ اَنْ يَّكْتُبَ كَـمَا عَلَّمَہُ اللہُ فَلْيَكْتُبْ۝۰ۚ وَلْيُمْلِلِ الَّذِيْ عَلَيْہِ الْحَـقُّ وَلْيَتَّقِ اللہَ رَبَّہٗ وَلَا يَبْخَسْ مِنْہُ شَـيْــــًٔـا۝۰ۭ فَاِنْ كَانَ الَّذِيْ عَلَيْہِ الْحَـقُّ سَفِيْہًا اَوْ ضَعِيْفًا اَوْ لَا يَسْتَطِيْعُ اَنْ يُّـمِلَّ ھُوَفَلْيُمْلِلْ وَلِــيُّہٗ بِالْعَدْلِ۝۰ۭ وَاسْتَشْہِدُوْا شَہِيْدَيْنِ مِنْ رِّجَالِكُمْ۝۰ۚ فَاِنْ لَّمْ يَكُوْنَا رَجُلَيْنِ فَرَجُلٌ وَّامْرَاَتٰنِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّہَدَاۗءِ اَنْ تَضِلَّ اِحْدٰىھُمَا فَتُذَكِّرَ اِحْدٰىہُمَا الْاُخْرٰى۝۰ۭ وَ لَا يَاْبَ الشُّہَدَاۗءُ اِذَا مَا دُعُوْا۝۰ۭ وَلَا تَسْــَٔـــمُوْۗا اَنْ تَكْتُبُوْہُ صَغِيْرًا اَوْ كَبِيْرًا اِلٰۗى اَجَلِہٖ۝۰ۭ ذٰلِكُمْ اَقْسَطُ عِنْدَ اللہِ وَاَقْوَمُ لِلشَّہَادَۃِ وَاَدْنٰۗى اَلَّاتَرْتَابُوْۗا اِلَّاۗ اَنْ تَكُـوْنَ تِجَارَۃً حَاضِرَۃً تُدِيْرُوْنَہَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ اَلَّا تَكْتُبُوْھَا۝۰ۭ وَاَشْہِدُوْۗا اِذَا تَبَايَعْتُمْ۝۰۠ وَلَا يُضَاۗرَّ كَاتِبٌ وَّلَا شَہِيْدٌ۝۰ۥۭ وَاِنْ تَفْعَلُوْا فَاِنَّہٗ فُسُوْقٌۢ بِكُمْ۝۰ۭ وَ اتَّقُوا اللہَ۝۰ۭ وَيُعَلِّمُكُمُ اؙ۝۰ۭ وَاللہُ بِكُلِّ شَيْءٍ عَلِيْمٌ۝۲۸۲
Ya ayyuha allatheena amanoo itha tadayantum bidaynin ila ajalin musamman faoktuboohu walyaktub baynakum katibun bialAAadli wala yaba katibun an yaktuba kama AAallamahu Allahu falyaktub walyumlili allathee AAalayhi alhaqqu walyattaqi Allaha rabbahu wala yabkhas minhu shayan fain kana allathee AAalayhi alhaqqu safeehan aw daAAeefan aw la yastateeAAu an yumilla huwa falyumlil waliyyuhu bialAAadli waistashhidoo shaheedayni min rijalikum fain lam yakoona rajulayni farajulun waimraatani mimman tardawna mina alshshuhadai an tadilla ihdahuma fatuthakkira ihdahuma alokhra wala yaba alshshuhadao itha ma duAAoo wala tasamoo an taktuboohu sagheeran aw kabeeran ila ajalihi thalikum aqsatu AAinda Allahi waaqwamu lilshshahadati waadna alla tartaboo illa an takoona tijaratan hadiratan tudeeroonaha baynakum falaysa AAalaykum junahun alla taktubooha waashhidoo itha tabayaAAtum wala yudarra katibun wala shaheedun wain tafAAaloo fainnahu fusooqun bikum waittaqoo Allaha wayuAAallimukumu Allahu waAllahu bikulli shayin AAaleemun

English

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.

282

Tafseer

'Abdullāh Ibn 'Abbās / Muḥammad al-Fīrūzabādī

تفسير : 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. in that case it is no sin) there is no harm (for you if ye write it not) the transaction. (and have witnesses when ye sell one to another) on credit, (and let no harm be done to scribe) by committing the transaction to writing (or witness) by giving his witness, that is, do not coerce them to do so. (if ye do (harm to them)) if you harm them, (lo! it is a sin in you. observe your duty to allah) fear allah for causing such harm. (allah is teaching you) what is best for you regarding your dealings. (and allah is knower of all things) what is good for you as well as other things.

Jalāl al-Dīn al-Maḥallī

تفسير : 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. 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 llāhu, 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.