Friday 24 April 2020

O Muslims - 11


In the Name of Allah, the Gracious, the Merciful

Extract from QUR’AANIC STUDIES – A Modern Tafsir PART I:
282. Ya ayyuha allatheena amanoo itha tadayantum bidaynin ila ajalin musamman faoktuboohu walyaktub baynakum katibun bialAAadli wala ya/ba katibun an yaktuba kama AAallamahu Allahu falyaktub walyumlili allathee AAalayhi alhaqqu walyattaqi Allaha rabbahu wala yabkhas minhu shay-an fa-in kana allathee AAalayhi alhaqqu safeehan aw daAAeefan aw la yastateeAAu an yumilla huwa falyumlil waliyyuhu bialAAadli waistashhidoo shaheedayni min rijalikum fa-in lam yakoona rajulayni farajulun waimraatani mimman tardawna mina alshshuhada-i an tadilla ihdahuma fatuthakkira ihdahuma al-okhra wala ya/ba alshshuhadao itha ma duAAoo wala tas-amoo an taktuboohu sagheeran aw kabeeran ila ajalihi thalikum aqsatu AAinda Allahi waaqwamu lilshshahadati waadna alla tartaboo illa an takoona tijaratan hadiratan tudeeroonaha baynakum falaysa AAalaykum junahun alla taktubooha waashhidoo itha tabayaAAtum wala yudarra katibun wala shaheedun wa-in tafAAaloo fa-innahu fusooqun bikum waittaqoo Allaha wayuAAallimukumu Allahu waAllahu bikulli shay-in AAaleemun

2:282. O you who believe! When you contract a loan among yourselves for a certain period, put it down in writing. And a scribe ought to record it faithfully between you. And the scribe should not refuse to write; as Allah has taught him, so he should write.524 And the one, upon whom lies the liability, should dictate. And he should fear Allah, his Lord, and omit nothing. Then if the one, upon whom lies the liability, is mentally unsound or weak or is himself unable to dictate, let his guardian dictate for him fairly. And two of you men should bear witness. If two men are not available, then one man and two women, you choose from among those present, should bear witness, so that if one of the women retracts, the other stands by her evidence.525 And the witnesses must not refuse when they are called to witness. Be not weary of writing a term contract, small or big. With Allah, that's a proper thing to do for better establishment of evidence and for removal of your doubts, unless it be a hand-to-hand commercial transaction commonly done among yourselves, in which case there is no blame on you if you do not put it in writing. And keep witnesses when you do any business. And cause no harm to the scribe, or to the witnesses. And if you do so, it would indeed be wickedness on your part. And fear Allah. And Allah teaches you.526 And Allah knows everything.

524. At the time of revelation of the Qur'aan, literacy among the public was low. It might have been difficult to get a person who could write. So, it was made obligatory on any literate person available to write the contract. Now, in the present age, the problem of writing down a contract may not be as acute, but still there is palpable reluctance to write. People tend to avoid it out of sheer slothfulness or undue embarrassment at the potential display of lack of faith in one another's oral promises.
525. This does not mean that women have weaker memories than men. To understand the significance of this divine provision, we must go to Verses 92:3 and 92:4. Allah declares therein that men and women have different types of work normally allotted to them. From Verse 2:282, we are presently studying here, it is apparent that the work of witnessing contracts is to be normally done by men. Women are given this duty only in the event of non-availability of two men as witnesses. Since it is not part of her normal duty, a woman may make a mistake while giving evidence as a witness. And as a precautionary measure, the divine Law of Evidence provides for two women in place of one man to witness the debt deed. This provision also makes it clear that, in times of need, women can handle jobs normally done by men.
526. As Allah taught mankind through this very Verse that it is better for everyone concerned to keep witnesses while making business deals, unless it be a hand-to-hand transaction.

Mohammad Shafi
Friday, the 24th of April 2020.

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