Anwar Al-Quran

Verse 282

2. Al-Baqara · The Cow

Madinan286 verses

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰٓ أَجَلٍۢ مُّسَمًّۭى فَٱكْتُبُوهُ ۚ وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌۢ بِٱلْعَدْلِ ۚ وَلَا يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ ٱللَّهُ ۚ فَلْيَكْتُبْ وَلْيُمْلِلِ ٱلَّذِى عَلَيْهِ ٱلْحَقُّ وَلْيَتَّقِ ٱللَّهَ رَبَّهُۥ وَلَا يَبْخَسْ مِنْهُ شَيْـًۭٔا ۚ فَإِن كَانَ ٱلَّذِى عَلَيْهِ ٱلْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَن يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُۥ بِٱلْعَدْلِ ۚ وَٱسْتَشْهِدُوا۟ شَهِيدَيْنِ مِن رِّجَالِكُمْ ۖ فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌۭ وَٱمْرَأَتَانِ مِمَّن تَرْضَوْنَ مِنَ ٱلشُّهَدَآءِ أَن تَضِلَّ إِحْدَىٰهُمَا فَتُذَكِّرَ إِحْدَىٰهُمَا ٱلْأُخْرَىٰ ۚ وَلَا يَأْبَ ٱلشُّهَدَآءُ إِذَا مَا دُعُوا۟ ۚ وَلَا تَسْـَٔمُوٓا۟ أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰٓ أَجَلِهِۦ ۚ ذَٰلِكُمْ أَقْسَطُ عِندَ ٱللَّهِ وَأَقْوَمُ لِلشَّهَٰدَةِ وَأَدْنَىٰٓ أَلَّا تَرْتَابُوٓا۟ ۖ إِلَّآ أَن تَكُونَ تِجَٰرَةً حَاضِرَةًۭ تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا ۗ وَأَشْهِدُوٓا۟ إِذَا تَبَايَعْتُمْ ۚ وَلَا يُضَآرَّ كَاتِبٌۭ وَلَا شَهِيدٌۭ ۚ وَإِن تَفْعَلُوا۟ فَإِنَّهُۥ فُسُوقٌۢ بِكُمْ ۗ وَٱتَّقُوا۟ ٱللَّهَ ۖ وَيُعَلِّمُكُمُ ٱللَّهُ ۗ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌۭ

2:282O you who have faith! When you contract a loan for a specified term, write it down. Let a writer write with honesty between you, and let not the writer refuse to write as Allah has taught him. So let him write, and let the one who incurs the debt dictate, and let him be wary of Allah, his Lord, and not diminish anything from it. But if the debtor be feeble-minded, or weak, or incapable of dictating himself, then let his guardian dictate with honesty, and take as witness two witnesses from your men, and if there are not two men, then a man and two women—from those whom you approve as witnesses—so that if one of the two defaults the other will remind her. The witnesses must not refuse when they are called, and do not consider it wearisome to write it down, whether it be a big or small sum, [as a loan lent] until its term. That is more just with Allah and more upright in respect to testimony, and the likeliest way to avoid doubt, unless it is an on-the-spot deal you transact between yourselves, in which case there is no sin upon you not to write it. Take witnesses when you make a deal, and let no harm be done to the writer or witness, and if you did that, it would be sinful of you. Be wary of Allah and Allah will teach you, and Allah has knowledge of all things.123456

Tafsir

Commentary on this passage

Verse 282

1.In Islamic system the matter of wealth is very important and serious therefore this Surah has clarified all the aspects. First of all Quran has mentioned about alms and charity and related its rules. Then charity was made the subject and its benefits and its rules and regulations were framed. After that the matter ofloans is discussed that in all such cases a written agreement is necessary and it is strictly emphasized. Though on the basis of other points, the jurists have not regarded it as obligatory but this matter is very complicated and it is emphasized four times in the Holy Quran and the debtor has been warned, that they do not cheat in dictating the content of the debt and fear God. Then the rules of the debts of minors and innocent people are decided. Then attention was drawn towards the necessity of witness and its benefits were mentioned. After this, the rules of cash dealings are mentioned and in this case writing down is considered unnecessary and witnessing is considered more important. On all those occasions Taqwa and fear of Allah is recommended, so that a man should become alert and attentive to this point, that fear of God is the foundation of business and not cheating. In the present time, this subject is extremely important when business has become a law more powerful than Islamic law and in the name of business many unlawful things are made lawful.

Footnotes

Explanations of words and phrases in these verses

  1. 1

    The difference between Dain and Qarz is that the same material is repayed in Qarz while in Dain there is possibility that its cost may also be reimbursed.

  2. 2

    The writing should be with justice and equity. It is not a necessary condition that the scribe must be just.

  3. 3

    Safihan - One who could not spend properly from the wealth. Zaeef - That is child, immature and those who could not dictate, that is insane.

  4. 4

    This indicates that the witness must be a Muslim if the transaction is of Muslims.

  5. 5

    It should be acceptable from the religious point of view. It denotes towards the justice of flag.

  6. 6

    This indicates that in the testimony of women all of them should testify together. Benefit: It should be clear that the 282nd ayat is the longest ayat of Quran, which mentions 18 different laws. For example : (i) Written proof for loan. (ii)Document should be written by a third party. (iii) Justice should be there in writing. (iv) Not to refuse the task of writing. (v) The dictation by the borrower so that later he cannot deny. (vi) Piety should be the foremost consideration. (vii) If the borrower is incapable the guardian must dictate. (viii) The guardians should keep justice in view. (ix) Testimony by two witnesses. (x) The adulthood (maturity) of the witness. (xi) The two witnesses should Rijalokum (men from you) i.e. Muslims. (xii) If there are no two men, one man and two women could be witnesses. (xiii) The witnessing of the women jointly. (xiv) Every type of loan requires documents. (xv) Exemption from written documents in case of cash transactions. (xvi) The necessity of witnesses even in cash transactions. (xvii) The witnesses must not be forced. (xviii) To observe piety.