Transliteration:( Yaa ayyuhal lazeena aamanoo izaa tadaayantum bidaiynin 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 haqqu 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 )
748. In respect of the payment of a debt, time limit is acceptable. its payment cannot be demanded before its due date. There is no time limit for the setting of a loan. its payment can be demanded before its due date.
749. The command under question is of a voluntary nature. Sometimes a command is given in respect of voluntary (Mustahab) acts. Some MUSTAHAB and some permissible acts too become binding and their rejection would be regarded as apostasy (Kufr), like the writing down of the loan being MUSTAHAB – super rerogative or desirable or accepting the permissibility of sex with one's wife during the nights of Ramadaan. Says Allah Almighty. It was made lawful for you to go near your woman (S2 V187)
750. This means that by all means this should be documented with or without payment, because the one who draws up such a document is allowed to receive payment. Says Allah Almighty: “Neither the scribe be harmed, nor the witness" (S2: V282). Accepting payment on giving a religious verdict too is included in this verse.
751. The gratitude of the learned person is letting the people derive benefit from his knowledge. Expression of gratitude differs from bounty to bounty. One who is able to write should enable the people to satisfy their needs through his writing.
752. From this we learn that the deed of sale should be written by the seller acknowledging sale. In respect of a loan the debtor should write the amount of the loan. The deed of rent should he completed by the tenant acknowledging the use of premises and its rental. These deeds should not be completed by the buyer, the creditor or the landlord. The document should be completed by those in whose favour they are made.
753. By "Fear Allah" means the document should be completed honestly without any omission, additions or alterations in respect of price, sale and amount of loan. Reference about this is made in the following sentence: "And leave not behind anything".
This command is for the writer of the document as well as the one who is dictating it, both should fear Allah in respect of the above.
754. In this verse "Low of understanding" refers to one who is mad or one who has no control over his senses. "Weak" refers to minor or very old person and “and be unable to dictate" means a mute or a person who cannot understand the language where in such circumstances another person could be used for the purpose of dictation.
755. In addition, it is made known that only Muslims should serve as witnesses for
Muslims. However, non-believers can serve as witnesses for non-believers.
756. From this discussion a few issues emerge:
1. A Muslim can be a witness.
2. Pious Muslims should be witnesses, not sinners.
3. Women alone should not serve as witnesses except in matters which are exclusively pertaining to women e.g. birth of a baby, proof of virginity, etc.
4. In general dealings, either two males or one male and two females can serve as witness, but in the case of adultery only four males can serve as witnesses, not less. Furthermore, women should only be used as witnesses when there is no presence of any males.
757. By nature the memory of the women and the application of it is weaker than men. It is for this reason that only males have been chosen for leading prayers, governership, administration of justice, prophethood, etc. According to Islamic Law a woman cannot be appointed to lead Prayers. Similarly, a woman cannot be appointed as a judge as she has to be in Purdah (privacy) while these duties cannot be effected in privacy. Hazrat Bilqees was a queen prior to accepting Faith in Hazrat Sulaiman all, after which she lived under him.
758. From this verse we learn that it is compulsory to give evidence in matters concerning rights and obligations, to hide it i.e. refusing to give evidence, is forbidden. It should be remembered that the expenses of the witness should be met by the plaintiff. Says Allah Almighty: “And neither any scribe be harmed nor the witness..." (S2: V282)
Thus the expense of his journey would be paid by the plaintiff. The witness cannot charge a fee for giving witness as this is compulsory.
759. This command is of a voluntary nature, hence the order for refraining from any dispute or quarrel However, if the command is for compulsory acts, then it is abrogated.
760. This does not necessarily mean that not recording credit deals is sinful as it is contrary to the meaning. All issues are not solved on the basis of codified law. It is possible that by 'sin' could be meant 'harm'Â because there is no possibility of dispute or argument in cash deals, there is no harm in not recording it.
761. There could be two possible meanings to this verse. The one is that neither the scribe nor the witness be compensated, by not paying the scribe for his effort nor paying the witness for his travelling expense, thereby wasting their time. It should be remembered that the scribe can charge a fee for documentation. Therefore, a learned man should not charge a fee for issuing a religious verdict or a religious issue as this is forbidden, for the propagation of Faith (Religion) is compulsory upon him. However, he can charge a fee for giving a written verdict or going to court. Likewise, a witness should not take a fee for giving evidence, as it becomes obligatory upon him to give evidence in matters of truth. He can charge a fee for giving his time. Similarly he can also charge a fee for his travelling expenses. The second meaning could be that both the scribe and the writing or giving evidence when needed.
762. This means that it is sinful to cause harm to the scribe or the witness, in which case this verse is firm, or compulsory a loan deal without documentation, in which case this verse is abrogated, as its writing afterwards is not incumbent.
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The tafsir of Surah Baqarah verse 281 by Ibn Kathir is unavailable here.
Please refer to Surah Baqarah ayat 278 which provides the complete commentary from verse 278 through 281.
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.
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