Surah 2. Al-Baqara, Ayah 282
| يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَىٰ أَجَلٍ مُسَمًّى فَاكْتُبُوهُ ۚ وَلْيَكْتُبْ بَيْنَكُمْ كَاتِبٌ بِالْعَدْلِ ۚ وَلَا يَأْبَ كَاتِبٌ أَنْ يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ ۚ فَلْيَكْتُبْ وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ رَبَّهُ وَلَا يَبْخَسْ مِنْهُ شَيْئًا ۚ فَإِنْ كَانَ الَّذِي عَلَيْهِ الْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَنْ يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ ۚ وَاسْتَشْهِدُوا شَهِيدَيْنِ مِنْ رِجَالِكُمْ ۖ فَإِنْ لَمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَاءِ أَنْ تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَىٰ ۚ وَلَا يَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا ۚ وَلَا تَسْأَمُوا أَنْ تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰ أَجَلِهِ ۚ ذَٰلِكُمْ أَقْسَطُ عِنْدَ اللَّهِ وَأَقْوَمُ لِلشَّهَادَةِ وَأَدْنَىٰ أَلَّا تَرْتَابُوا ۖ إِلَّا أَنْ تَكُونَ تِجَارَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا ۗ وَأَشْهِدُوا إِذَا تَبَايَعْتُمْ ۚ وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِنْ تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ ۗ وَاتَّقُوا اللَّهَ ۖ وَيُعَلِّمُكُمُ اللَّهُ ۗ وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ |
| Transliteration | : | yaa 'ayyuhaa 'alladhena 'aamano 'idhaa tadaayantum bi- dayn 'ilaa 'ajal musamma(n) fa- uktubo -hu wa- li- yaktub bayna -kum kaatib bi- al- cadl wa- laa ya'ba kaatib 'an yaktub ka-maa callama -hu 'allaah fa- li- yaktub wa- li- yumlil 'alladhe calay -hi al- h.aqq wa- li- yattaqi 'allaah rabb -hu wa- laa yabkhas min -hu shay'(an) fa- 'in kaana 'alladhe calay -hi al- h.aqq safeh(an) 'aw d.acef(an) 'aw laa yastat.ec 'an yumill huwa fa- li- yumlil waley -hu bi- al- cadl wa- istashhido shahedain min rijaal -kum fa- 'in lam yakonaa rajulain fa- rajul wa- imra'ataan min man tard.awn min ash- shuhadaa' 'an tad.ill 'ih.daa -humaa fa- tudhakkir 'ih.daa -humaa al- 'ukhraa wa- laa ya'ba ash- shuhadaa' 'idhaa maa duco wa- laa tas'amo 'an taktubo -hu s.agher(an) 'aw kaber(an) 'ilaa 'ajal -hi dhaalikum aqsat. cinda 'allaah wa- aqwam li- ash- shahaadah wa- adnaa 'an laa tartaabo 'illaa 'an takon tijaarah h.aad.irah tuderon -haa bayna -kum fa- laysa calay -kum junaah. 'an laa taktubo -haa wa- ashhido 'idhaa tabaayactum wa- laa yud.aarr kaatib wa- laa shahed fa- 'in tafcalo fa- 'inna -hu fusoq bi- -kum wa- ittaqo 'allaah wa- yucallim -kum 'allaah wa- 'allaah bi- kull shay' calem |
| 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. |
| Asad | : | O YOU who have attained to faith! Whenever you give or take credit269 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. |
| Malik | : | O believers! When you deal with each other in lending for a fixed period of time, put it in writing. Let a scribe write it down with justice between the parties. The scribe, who is given the gift of literacy by Allah, should not refuse to write; he is under obligation to write. Let him who incurs the liability (debtor) dictate, fearing Allah his Rabb and not diminishing anything from the settlement. If the borrower is mentally unsound or weak or is unable to dictate himself, let the guardian of his interests dictate for him with justice. Let two witnesses from among you bear witness to all such documents, if two men cannot be found, then one man and two women of your choice should bear witness, so that if one of the women forgets anything the other may remind her. The witnesses must not refuse when they are called upon to do so. You must not be averse to writing (your contract) for a future period, whether it is a small matter or big. This action is more just for you in the sight of Allah, because it facilitates the establishment of evidence and is the best way to remove all doubts; but if it is a common commercial transaction concluded on the spot among yourselves, there is no blame on you if you do not put it in writing. You should have witnesses when you make commercial transactions. Let no harm be done to the scribe or witnesses; and if you do so, you shall be guilty of transgression. Fear Allah; it is Allah that teaches you and Allah has knowledge of everything. |
| 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 the 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 witnesses 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 Allah that teaches you. And Allah is well acquainted with all things. 329 330 331 332 333 |
Note - 269The 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.
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Note - 270I.e., in accordance with the laws promulgated in the
Qur'an.
|
Note - 271Lit., "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.
|
Note - 272E.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.
|
Note - 273The 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
III, 124 f.).
|
Note - 274Lit., "to write it down" - i.e., all rights and
obligations arising from the contract.
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Note - 275E.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.
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Note - 329The 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.
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Note - 330The scribe in such matters assumes a fiduciary capacity:
he should therefore remember to act as in the presence of
God, with full justice to both parties. The art of
writing he should look upon as a gift from God, and he
should use it as in His service. In an illiterate
population the scribe's position is still more
responsible.
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Note - 331Possibly 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.
|
Note - 332It 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.
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Note - 333Commercial 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 God.
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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. |
| |
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. |
| |
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. |
| |
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 III, 124 f.). |
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Lit., "to write it down" - i.e., all rights and obligations arising from the contract. |
| |
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. |
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The scribe in such matters assumes a fiduciary capacity: he should therefore remember to act as in the presence of God, with full justice to both parties. The art of writing he should look upon as a gift from God, and he should use it as in His service. In an illiterate population the scribe's position is still more responsible. |
| |
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. |
| |
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. |
| |
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 God. |
