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.
