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 )
"O you who believe! When you contract a debt [748] for a specific term, write it down [749] and let a scribe write it in your presence justly. And the scribe should not refuse [750] to write it as Allah has taught him. Let him on whom the liability [751] falls dictate [752] and fear Allah [753], Who is His Lord and do not leave anything out of it. But, if the one who has the obligation is of low understanding [754] or weak or unable to dictate himself, then let his guardian dictate justly. And make two witnesses from among your men [755]. Then, if two men are not available, then a man and two women. Such witnesses as you like [756], so that if one of them (woman) errs, then the other can remind her [757]. And when the witnesses are called, they should not refuse to come [758] and not take it as a burden. The liability, be it small or big [759], write it down along with its fixed period. That is more just in the sight of Allah and stronger as evidence and more likely to prevent doubt, except for ready merchandise, which you give or take from hand to hand. There is no sin [760] on you if you do not write it and take witnesses when you conclude a contract. Let no scribe be harmed or any witness [761], for if you do so, then it would be your insubordination [762]. And fear Allah and it is Allah who instructs you. Verily, Allah is the Knower of all things."
This verse confirms two distinct rulings:
For loans, there is no obligatory time limit, and repayment can be demanded anytime.
For debts (such as from trade), a fixed term must be honored, and payment cannot be demanded before its due date.
Both loans and trade-related debts are covered here, and granting an extension in either case is a rewardable act.
Though this command is voluntary (mustahab), it holds serious importance.
Sometimes even recommended acts, if rejected outright, can lead to apostasy (kufr).
Example: Writing down a loan is mustahab, just as sexual relations with one's wife during Ramadan nights were declared permissible (Surah 2:187), emphasizing that permissibility should not be denied.
The scribe must not refuse to write the contract, whether he is paid or unpaid.
Drawing up the document is a rightful service, and compensation is allowed.
As stated in this verse: “Neither the scribe be harmed, nor the witness…”
Similarly, scholars can take fees for written religious verdicts or court appearances, but not for issuing verbal fatwas.
A learned person expresses gratitude for his knowledge by allowing others to benefit from it.
For a scribe, using his writing skill to help others fulfill contracts is a form of gratefulness to Allah.
The debtor (or the person on whom liability falls) should be the one to dictate the terms.
In a sale, the seller should dictate.
For a loan, the debtor should dictate the amount.
In rent agreements, the tenant should dictate.
In all cases, the one bound by the contract should be the one confirming it.
The instruction “Fear Allah” applies to both:
The scribe, and
The one dictating
It commands absolute honesty — there should be no omissions, additions, or alterations in terms of:
Price
Sale conditions
Amount of loan
This clause refers to individuals who cannot dictate due to condition:
“Low understanding” = mentally unstable or insane
“Weak” = a child or very elderly person
“Unable to dictate” = someone mute or unfamiliar with the contract language
In such cases, a guardian should dictate on their behalf, justly and truthfully.
Only Muslims can serve as witnesses in Muslim contracts.
For non-Muslims, non-Muslim witnesses may be used in their own dealings.
Key points from this section:
A Muslim can serve as a witness.
Pious Muslims, not sinners, should be preferred.
Women alone may witness in matters exclusively related to women, such as childbirth or proof of virginity.
For general transactions:
Two men, or
One man and two women
For adultery, four male witnesses are required — women cannot witness in such cases.
Women witnesses should be considered only if male witnesses are not available.
The verse suggests that women’s memories are, by nature, generally less consistent than men’s, hence the support of a second female witness.
This is not a declaration of inferiority, but an adjustment for reliability in legal matters.
This also explains why men alone lead prayers, govern, or judge.
Example: Hazrat Bilqees, after accepting Islam, lived under the leadership of Prophet Sulaiman (AS).
Giving evidence in matters of rights and responsibilities is obligatory.
Refusing to testify is forbidden.
Expenses related to witness appearance must be:
Paid by the plaintiff, such as travel and time.
A witness cannot demand a fee for testimony, as it is a legal obligation.
This command is voluntary, not compulsory.
However, writing even small liabilities helps avoid disputes.
If the command is linked to mandatory obligations, then it's not abrogated.
There is no sin if you do not write hand-to-hand cash transactions, since there is no chance of dispute.
Here, “sin” might mean “harm,” as the risk is low in direct exchanges.
Two possible interpretations:
Do not withhold payment for the scribe’s or witness’s time and effort.
A scribe can charge a fee for writing.
A witness can be compensated for travel or time.
Do not delay or disrespect their roles.
A religious scholar cannot take fees for preaching or verbal fatwas (as dawah is obligatory),
But can charge for written fatwas or court appearances.
To harm the scribe or witness is a sinful act (fisq) — a form of disobedience.
In the case of loan agreements, this verse remains firm and binding.
In non-compulsory contracts, this writing instruction may be voluntary, and hence not binding.
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.
(2:282) Believers! Whenever you contract a debt from one another[325] for a known term, commit it to writing.[326] Let a scribe write it down between you justly, and the scribe may not refuse to write it down according to what Allah has taught him; so let him write, and let the debtor dictate; and let him fear Allah, his Lord, and curtail no part of it. If the debtor be feebleminded, weak, or incapable of dictating, let his guardian dictate equitably, and call upon two of your men as witnesses;[327] but if two men are not there, then let there be one man and two women as witnesses from among those acceptable to you[328] so that if one of the two women should fail to remember, the other might remind her. Let not the witnesses refuse when they are summoned (to give evidence). Do not show slackness in writing down the transaction, whether small or large, along with the term of its payment. That is fairest in the sight of Allah; it is best for testimony and is more likely to exclude all doubts. If it be a matter of buying and selling on the spot, it is not blameworthy if you do not write it down;[329] but do take witnesses when you settle commercial transactions with one another. And the scribe or the witness may be done no harm.[330] It will be sinful if you do so. Beware of the wrath of Allah. He teaches you the Right Way and has full knowledge of everything.
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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