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.
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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.
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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.
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