Contract of a debt for a fixed term; must be recorded in writing

Contract of a debt for a fixed term; must be recorded in writing

Surah ‘Al-Baqarah (The Cow) – Chapter – 2)

Stage – 1, Verse – 282 of 286, Section – 39 of 40 (Part - 3)

BisMIllaahir-Rahmaanir-Rahiim

In the name of God, the Beneficent, the Merciful

282.  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 of the two 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. And observe your duty to Allah. And Allah is teaching you. And Allah is Knower of all things.

282.  Yaaa- ‘ayyuhallaziina  ‘aa-manuuu  ‘izaa  tadaa-yantum-bi-daynin  ‘ilaaa  ‘ajalim-musam-man-  faktubuuh.  Wal-yaktub-  baynakum  kaatibum-  bil- ‘adl.  Wa  laa ya’-ba  kaatibun  ‘any-yaktuba  kamaa  ‘allama-hUllaahu  fal-yaktub.  Wal-  yumli-lillazii  ‘alayhil-haqqu  wal-yattaQIllaaha  Rabbahuu  wa  laa  yab-khas  minhu  shay- ‘aa.  Fa- ‘in-  kaanallazii  ‘alayhil-haqqu  safii-han  ‘aw  za- ‘iifan  ‘aw  laa  yas-tatii- ‘u  ‘any-yumilla  huwa  fal-yumlil  waliyyuhuu  bil- ‘adl.  Wastash-hiduu  shahii-dayni  mir-rijaalikum.    Fa- ‘illam  ya-kuunaa  rajulayni  fa-rajulunw-wamra- ‘ataani  mimman-  tarzaw-na  minash-shuhadaaa-‘i  ‘an-tazilla  ‘ih-daahumaa  fatuzak-kira  ‘ih-daahumal- ‘ukhraa.  Wa  laa  ya’-bash-shuhadaaa-‘u  ‘izaa    maa  du-‘uu.  Wa  laa  tas-‘amuuu  ‘an  taktubuuhu  sagii-ran  ‘aw  kabiiran  ‘illaaa  ‘ajalih.  Zaalikum  ‘aqsatu  ‘indAllaahi  wa  ‘aqwamu  lish-shahaadati  wa  ‘adnaaa  ‘allaa  tartaabuuu  ‘illaaa  ‘an-takuuna  tijaaratan  haaziratan- tudiiruunahaa  baynakum  fa-laysa  ’alaykum  junaahun  ‘allaa  tak-tubuuhaa.  Wa  ‘ash-hiduuu  ‘izaa  tabaaya’-tum.  Wa  laa yu-zaaarra  kaatibunw-wa  laa  shahiid.  Wa  ‘in-taf-‘aluu  fa- ‘innahuu  fusuuqum-bikum.  WattaqUllaah.  Wa  yu- ‘allimu-kumUllaah.  WAllaahu  bi-kulli  shay- ‘in  ‘Aliim.

Lesson

Daynun – (a debt), in the Arabic language, daynun is used for the matter in which the payment in exchange is not made at the spot.

‘ilaaa  ‘ajalim-musam-man – (for a fixed term), the scholars of religious law have taken point from it that the term (date and time of returning the amount) of debt must be fixed and very clear. It should not remain in doubt.

At first, Holy Qur’an described the commands regarding excellence of alms and charity, then usury, its prohibition and badness. Now, it has been mentioned about the debt and such merchandise in which there is a promise of any particular term. Possibility to forgetfulness, error and omission remains always. So, such matters must be recorded in writing and governed, that someone may not reach the point of quarrel. The scribe should not fall short in writing. It is more suitable if the indebted person writes with his own hand or tells to the scribe with his own tongue and he should tell without increase or decrease of other’s right. If he who owes 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.

This verse is the longest one in the Holy Qur’an. After telling the matters of debt to be in writing, now it commands, “Call to witness, from among your men, two witnesses besides being reduced to writing the agreement”. If two men be not (at hand) then a man and two women, of such as you approve as witnesses, so that if the one of the two errs (through forgetfulness) the other will remind her. Along with this, the witnesses are being instructed that they must not refuse when they are summoned, because it is sin.

To bring the statement in writing; it is emphasized, “Be neither averse nor delay to write down (the contract) whether it be small or great, with (record of) the term thereof. It is the universal truth that the demands of soundness and equity cannot be fulfilled without it.

‘Aqsatu – (more equitable), this word has been derived from Qist, which means equity, justice. From it; is the word Muqsitun, which is Adjective of Allah Almighty, which means A Judge.

‘Aqwamu – (Who keeps More Extent), the words Qiyaamun, Qawwaamun and Qayyimun etc. have come out from its origin. ‘Aqwamu means “Who keeps everything proper (best of all)”.

Tijaaratan  haaziratan – (the merchandise which you transfer among yourselves from hand to hand). That is to say; it would not be on debt or promises, but it would be hand-to-hand. In that case, it is no sin for you if you do not write it.

Like this, it is necessary for the scribe and witnesses also that they should act according to the justice; they must not try to harm someone. Otherwise, they will be sinners.  

Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazaar, Lahore, Lesson collected from Dars e Qur’aan published By Idara Islaah wa Tableegh, Lahore (translated Urdu to English by Muhammad Sharif)

Guard yourselves against a Day in which ye will be brought back to God

Surah ‘Al-Baqarah (The Cow) – Chapter – 2)

Stage – 1, Verses – 280 & 281 of 286, Section – 39 of 40 (Part - 3)

BisMIllaahir-Rahmaanir-Rahiim

In the name of God, the Beneficent, the Merciful

280.  And if the debtor is in straitened circumstances, then (let there be) postponement to (the time of) ease. And that ye remit the debt as almsgiving would be better for you if ye did but know. 281.  And guard yourselves against a Day in which ye will be brought back to Allah. Then every soul will be paid in full that which it hath earned, and they will not be wronged.

280.  Wa  ‘in-kaana  zuu- ‘us-ratin  fa-nazi-ratun  ‘ilaa  maysarah.  Wa  ‘an-  tasaddaquu  khayrul-lakum  ‘inkuntum  ta’-lamuun. 281.  Wattaquu  Yawman-turja- ‘uuna  fiihi   ‘ilAllaah.  Summa  tuwaffaa  kullu  nafsim-maa  kasabat  wa  hum  laa-  yuzlamuun.

  

Lesson

The commands regarding the Interest and usury were being described with effect from the Verse # 275 to onward. Until now, it has been explained clearly that the Usury is forbidden. The people, who do the business of interest, whenever (on the Day of Resurrection) they will attend the Court of Allah Almighty, their condition will be like the mad. They will not be able also to stand firmly. Allah Almighty has made announcement to forgive all previous corruption radically by His Grace, and urged strictly that this business should be finished completely in future. The necessities of the needy people should be fulfilled with alms and charity in place of interest/usury. He commanded also that if anybody would not refrain even now, then it would be understood that he is rebel of God Almighty. Therefore, he should be ready for war with Allah Almighty and His Messenger (grace, glory, blessings and peace of Allah be upon him).

 

These verses are after those commands and guidance, which are part of this lesson. It is the Divine’s Description, “Give time till his easy circumstances and expansion, if the debtor is poor. So that he may return the principal easily. But, it is much better to forgive him, who cannot pay”. This incitement of forgiveness has been described in the words, “And if you remit the debt as alms-giving, it would be better for you”. 

‘inkuntum  ta’-lamuun  - (if you did but know), it is considerable that apparently the debtor will get the benefit of forgiveness, whereas, Allah Almighty commands, “‘inkuntum  ta’-lamuun”  (if you have understanding), then its benefit is really for you. 

At the end, Allah Almighty put us in perception of the perfect God-fearing and liability of our deeds on the Day of Resurrection in the words, “Guard yourselves against a Day in which you will be brought back to Allah. Then every soul will be paid in full that which it has earned, and they will not be wronged”.

Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazaar, Lahore, Lesson collected from Dars e Qur’aan published By Idara Islaah wa Tableegh, Lahore (translated Urdu to English by Muhammad Sharif)

Wrong not, and ye shall not be wronged

Wrong not, and ye shall not be wronged

Surah ‘Al-Baqarah (The Cow) – Chapter – 2)

Stage – 1, Verses – 276 to 279 of 286, Section – 38 of 40 (Part - 3)

BisMIllaahir-Rahmaanir-Rahiim

In the name of God, the Beneficent, the Merciful

276.  Allah hath blighted usury and made almsgiving fruitful. And Allah loveth not the impious and guilty. 277.  Lo! Those who believe and do good works and establish worship and pay the poor-due, their reward is with their Lord and there shall no fear come upon them neither shall they grieve.

276.  Yamha-qUllaahur-Ribaa  wa  yur-bis-Sadaqaat.  WAllaahu  laa  yuhibbu  kulla  kaffaarin  ‘asiim. 277.  ‘Innal-laziina  ‘aamanuu  wa  ‘amilus-saalihaati  wa  ‘aqaa-mus-Salaata  wa  ‘aata-wuz-Zakaata  lahum  ‘ajruhum  ‘inda- Rabbihim.  Wa  laa  khawfun  ‘alayhim.  Wa  laa  hum  yahzanuun.

Lesson

Comparing Usury and Alms, Allah Almighty has described about the end of the both separately in these verses. He commands that the Usury whether, how much its increasing goes up; its end is poorness and destruction. Allah Almighty will never prosper in it decisively. Resultant, nothing accrues beside ruin from such wealth. Result of Usurer persons and nations is in front of us as a proof. Bloodshed, ruin and destruction accrued reciprocally among them. Comparatively; Allah Almighty increases the Alms and Charity, blesses them who spend, and adds their reward manifold, prosperity and independence arises because of Alms and Charity.

Then Allah Almighty dictates that He dislikes Usurer, who is evildoer, as well as ungrateful. He is the sinner because he tyrannizes the helpless and necessitous. And he is ungrateful because Allah Almighty gave him wealth for spending it in His Way, distribute it in the poor and indigent people, help the necessitous, but he becomes miser, keeps the money folding it up, looks brothers starving, suffering endurance of hunger, fluttering due to poorness and helplessness, but he does not feel pity. His heart does not perspire. Moreover, he becomes cruel and hardhearted. So, for him there is harsh threat.

Opposite to the Usurer, God Almighty described the reward of a Believer also and who performs good works, who establishes prayers, pays the poor-due and alms, that he will be given full remuneration from Allah Almighty. He will face never any kind of fear or threat. Neither will he be displeased. Allah Almighty bestow us Divine Guidance and empower us to pay the poor-due and charity. So be it. 

  

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278.  O ye who believe! Observe your duty to Allah, and give up what remaineth (due to you) from usury, if ye are (in truth) believers.    279.  And if ye do not do so, then be warned of war (against you) from Allah and His Messenger. And if ye repent, then ye have your principal (without interest). Wrong not, and ye shall not be wronged.

278.  Yaaa- ‘ayyuhallaziina  ‘aa-manut-taqUllaaha  wa  zaruu  maa  baqiya minar-Ribaaa  ‘in-kuntum-  Mu’-miniin. 279.  Fa- ‘illam  taf- ‘aluu  fa’-zanuu  bi-harbim-minAllaahi  wa  Rasuulih.  Wa  ‘in- tubtum  fa-lakum  ru- ‘uusu  ‘amwaalikum.  Laatazlimuuna  wa  laa  tuzlamuun.

Lesson

Maa  baqiya – (that which remained), it means that, the usury you have received before this order, that is forgiven. After that, you will not recover usury in future. You are allowed to get the principal only.  

Harbun – (war), warning of war against Usurers from Allah and His Messenger (grace, glory, blessings and peace be upon him) means that they should be included in the list of enemies of Islam.

Ru- ‘uusu  ‘amwaalikum – (your principal (without interest), it is called capital also and a principal sum.

Following orders have been explained in these verses:

-        The interest, you have taken before its prohibition; that is enough. But, give up that, which was increased after the restriction of usury.

-        If you do not do so, then be warned of war (against you) from Allah and His Messenger (grace, glory, blessings and peace be upon him). You will be treated just like the rebels and renegades.

-        It will be tyranny also if you demand the increased usury after its prohibition.

-        If the creditor deducts that sum of interest at the time of returning the principal, which he has already taken, then it will be violence.

-        Do not demand the principal sum immediately, if the indebted person is very poor. However, give him some time; so that he may be able to return the principal sum.  

Now imagine; how much severely the usury has been forbidden? After so clear commands, if any individual publicizes any form of lawfulness about the interest/usury and does not refrain from the business of interest, then think, “Is he not rebel of Allah Almighty and His Messenger (grace, glory, blessings and peace be upon him)? 

Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazaar, Lahore, Lesson collected from Dars e Qur’aan published By Idara Islaah wa Tableegh, Lahore (translated Urdu to English by Muhammad Sharif)

Trading is permitted but Usury is forbidden by God

Trading is permitted but Usury is forbidden by God

Surah ‘Al-Baqarah (The Cow) – Chapter – 2)

Stage – 1, Verse – 275 of 286, Section – 38 of 40 (Part 1/4^th of 3)

BisMIllaahir-Rahmaanir-Rahiim

In the name of God, the Beneficent, the Merciful

275.  Those who swallow usury cannot rise up save as he ariseth whom the devil hath prostrated by (his) touch. That is because they say; Trade is just like usury. Whereas Allah permitteth trading and forbiddeth usury. He unto whom an admonition from his Lord cometh, and (he) refraineth (in obedience thereto), he shall keep the profits of) that which is past, and his affair (henceforth) is with Allah. And as for him who returneth (to usury), such are rightful owners of the Fire. They will abide therein for ever.

275.  ‘Allaziina  ya’-kuluunar-Ribaa  laa  yaquumuuna  ‘illaa  kamaa  yaquu-mullazii  yata-khabbatuhush-Shay-taanu  mi-nal-mass.  Zaalika    bi-‘annahum  qaaluuu  ‘innamal-Bay-‘u  mis-lur-Ribaa.  Wa  ‘ahallAllaahul-Bay-‘a  wa  harramar-Ribaa.  Faman-jaaa-‘ahuu  maw-‘iza    tum-mir-Rabbihii  fanta-haa  fa-lahuu  maa salaf. Wa  ‘amruhuuu  ‘ilAllaah.  Wa  man  ‘aada  fa-‘ulaaa-‘ika  ‘As-haabun-Naar. Hum fiihaa  khaaliduun.

Lesson

‘Ar-Ribaa – (Usury, exorbitant interest), literal meanings of this word are getting access and more than enough, particularly abundance in the capital (funds). In the expression of the Religious Law of God Almighty, it means ‘the interest on the real loan’ or to gain without retaliation and to want more on actual wealth. Near Arabs, it meant that superfluous sum, which any creditor used to receive in retaliation and which is called interest nowadays. Some people have begun to say it profit instead of interest. In this manner, by changing the word, the truth does not change. 

Mi-nal-mass – {by (his) touch}, as the senses of a humankind use to set out due to clinging of a demon.

Maw-‘iza  tum-mir-Rabbihii – (an admonition from his Lord), that is to say; the Command that the Usury is forbidden.

Maa salafa – (that which is past), it aims that which Usury has already been taken or paid before the proclamation that the Usury is forbidden, that will not be called to a severe account. Minute inquiry will begin after announcement of clear orders and it has been strictly forbidden to swallow the Usury.

Badness Of The Usury

Before revelation of the verse “Usury as becoming unlawful and forbidden”, Allah Almighty had explained about the excellence of alms and charity. Because gentleness arises in the matters of the poor due to alms and charity, and disgust is born against impoliteness. Many evils are removed, feelings of morality, politeness, faithfulness, causing to gain others and passion to serve the humankind spring up. Therefore, their importance declared unfolding them.

Now the description about unlawfulness of the Usury begins. It is entirely opposite to the charity and alms. If the politeness increases due to charity, then cruelty increases due to Usury. Hence, the recitation of unlawfulness and forbidden state of Usury has come immediately after making mention about excellence of alms and charity, which is utmost suitable and opportune at its place.    

It has been described in this verse that on the Day of Resurrection Usurers will not be able to stand upright at the time of getting up from their graves. Rather they will suffer staggering with difficulty like insane and mad. We can see entirely same scene in this world. Moneylenders and bankers become lunatic following the money. It seems that any demon or ghost has closed them by winding round. Every time they use to think about the Usury.

Allah Almighty has mentioned the reason also about the people fallen into this condition on the Doomsday. They say, “Trade is just like Usury”, as financial profit is intent in trading, just as this financial gain also remains in view in the Usury/interest. While Trading is permitted then why the Usury is forbidden, whereas they do not know that morally and economically; the difference between Trade and Usury is too much as the difference between the sky and the earth. The moneylender gets fixed amount of Usury in each condition without fear of loss and doubt. Opposite to this; apprehension of both remains ‘profit or loss’ in the Trade, and the Merchant have to spend time, hardworking and brain etc. to save himself from the loss. Afterwards the Trade uses to end or become less, but Usury increases along with delay and duration. Up to this stage, that usually the Borrower reaches the situation of ruin and destruction.

If we consider a little thoughtfully about the reality of Usury, then a question will arise, “Hindmost this retaliation is of which thing? What is this ultimate except most ill looking of hanging-on? In view of this entire badness, Allah Almighty has forbidden the Usury/Interest for advisability and betterment of the humanity. In brief, its evils are as under:

Hardheartedness arises in the Usurer. His avarice increases. Due to wealth’s coming in hand without hardworking, indolence and laziness grows. Unevenness also comes due to spending the gratis wealth, and this wealth is wasted in luxuries. Habit of selfishness is born. Stinginess and reciprocal enmity runs over. Destruction and disgrace of indebted person exist beside also.

Allah Almighty commanded excusing the people that the person who abstains after listening to the advice and order of determining the Usury as unlawful, his previous Usury will be forgiven. But who will not refrain, he will burn in the Fire of Hell for ever.   

The people of the world changed the names of Usury. But, how its badness and results can be changed? We, the Muslims need special attention to see in to this matter. Otherwise, Law of Islam will suffer a stain due to our behavior and we shall not be able to escape ourselves from these badness.      

  

Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazaar, Lahore, Lesson collected from Dars e Qur’aan published By Idara Islaah wa Tableegh, Lahore (translated Urdu to English by Muhammad Sharif)

No fear for them who spend their wealth

No fear for them who spend their wealth

Surah ‘Al-Baqarah (The Cow) – Chapter – 2)

Stage – 1, Verse – 274 of 286, Section – 38 of 40 (Part 1/4^th of 3)

BisMIllaahir-Rahmaanir-Rahiim

In the name of God, the Beneficent, the Merciful

274.  Those who spend their wealth by night and day, by stealth and openly, verily their reward is with their Lord, and there shall no fear come upon them neither shall they grieve.

274.  ‘Allaziina  yunfiquuna  ‘am-waalahum-  bil-layli  wan-nahaari  sirranw-wa  ‘alaa-niyatan-  fa-lahum  ‘ajruhum  ‘inda  Rabbihim.  Wa  laa khawfun  ‘alay-him  wa  laa  hum  yah-zanuun.

Lesson

Khawfun – (fear), the meaning of this word are same in Urdu just like Arabic language. However, we should bear in mind that the fear belongs to the future.

yah-zanuun – (they shall grieve), its origin is huzn, which means grief, sadness, affliction. It will be in the chain of the past always. For example; someone suffered any troublesome incident, he committed a fault or mistake, then he will be grieved and dejected for a kind.

Allah Almighty has commanded that if the people, who spend their wealth and property in His Way, fulfill the necessities of poor and needy people day and night, cherish of the poor morning and evening with their alms and charity, and continue to do such goodness openly and hidden, then Allah Almighty will make them rich with the future reward of this virtue and recompense them. Moreover, He will please them with His favors and honors.

We should not forget it also that the reward of goodness is repaid even in this world as well as in the Hereinafter too. Probably, the Saints have made an idiom to disclose this object, “tenfold in this world and seventy-fold in the next world will be bestowed”. Allah Almighty has promised in His Word (Holy Qur’an) that ‘you will be given full reward and never be lessened anything from you.

God Almighty has described two more subjects, “there shall no fear of future come upon (these types of the pious) servants and neither shall they grieve (for the past)”. That is to say; they will not deplore on the actions and deeds of the past, and as well as they will not become hopeless and desperate absolutely about their future.   

Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazaar, Lahore, Lesson collected from Dars e Qur’aan published By Idara Islaah wa Tableegh, Lahore (translated Urdu to English by Muhammad Sharif)