Al-Baqarah: 282

Ayah

Word by Word

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓاْ إِذَا تَدَايَنتُم بِدَيۡنٍ إِلَىٰٓ أَجَلٍ مُّسَمًّى فَٱكۡتُبُوهُ ۚ وَلۡيَكۡتُب بَّيۡنَكُمۡ كَاتِبٌ بِٱلۡعَدۡلِ ۚ وَلَا يَأۡبَ كَاتِبٌ أَن يَكۡتُبَ كَمَا عَلَّمَهُ ٱللَّهُ ۚ فَلۡيَكۡتُبۡ وَلۡيُمۡلِلِ ٱلَّذِى عَلَيۡهِ ٱلۡحَقُّ وَلۡيَتَّقِ ٱللَّهَ رَبَّهُۥ وَلَا يَبۡخَسۡ مِنۡهُ شَيۡـًٔا ۚ فَإِن كَانَ ٱلَّذِى عَلَيۡهِ ٱلۡحَقُّ سَفِيهًا أَوۡ ضَعِيفًا أَوۡ لَا يَسۡتَطِيعُ أَن يُمِلَّ هُوَ فَلۡيُمۡلِلۡ وَلِيُّهُۥ بِٱلۡعَدۡلِ ۚ وَٱسۡتَشۡهِدُواْ شَهِيدَيۡنِ مِن رِّجَالِكُمۡ ۖ فَإِن لَّمۡ يَكُونَا رَجُلَيۡنِ فَرَجُلٌ وَٱمۡرَأَتَانِ مِمَّن تَرۡضَوۡنَ مِنَ ٱلشُّهَدَآءِ أَن تَضِلَّ إِحۡدَىٰهُمَا فَتُذَكِّرَ إِحۡدَىٰهُمَا ٱلۡأُخۡرَىٰ ۚ وَلَا يَأۡبَ ٱلشُّهَدَآءُ إِذَا مَا دُعُواْ ۚ وَلَا تَسۡـَٔمُوٓاْ أَن تَكۡتُبُوهُ صَغِيرًا أَوۡ كَبِيرًا إِلَىٰٓ أَجَلِهِۦ ۚ ذَٰلِكُمۡ أَقۡسَطُ عِندَ ٱللَّهِ وَأَقۡوَمُ لِلشَّهَٰدَةِ وَأَدۡنَىٰٓ أَلَّا تَرۡتَابُوٓاْ ۖ إِلَّآ أَن تَكُونَ تِجَٰرَةً حَاضِرَةً تُدِيرُونَهَا بَيۡنَكُمۡ فَلَيۡسَ عَلَيۡكُمۡ جُنَاحٌ أَلَّا تَكۡتُبُوهَا ۗ وَأَشۡهِدُوٓاْ إِذَا تَبَايَعۡتُمۡ ۚ وَلَا يُضَآرَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِن تَفۡعَلُواْ فَإِنَّهُۥ فُسُوقٌ بِكُمۡ ۗ وَٱتَّقُواْ ٱللَّهَ ۖ وَيُعَلِّمُكُمُ ٱللَّهُ ۗ وَٱللَّهُ بِكُلِّ شَىۡءٍ عَلِيمٌ

يَٰٓأَيُّهَا

O you

ٱلَّذِينَ

who

ءَامَنُوٓاْ

believe[d]

إِذَا

When

تَدَايَنتُم

you contract with one another

بِدَيۡنٍ

any debt

إِلَىٰٓ

for

أَجَلٖ

a term

مُّسَمّٗى

fixed

فَٱكۡتُبُوهُۚ

then write it

وَلۡيَكۡتُب

And let write

بَّيۡنَكُمۡ

between you

كَاتِبُۢ

a scribe

بِٱلۡعَدۡلِۚ

in justice

وَلَا

And not

يَأۡبَ

(should) refuse

كَاتِبٌ

a scribe

أَن

that

يَكۡتُبَ

he writes

كَمَا

عَلَّمَهُ

(has) taught him

ٱللَّهُۚ

Allah

فَلۡيَكۡتُبۡ

So let him write

وَلۡيُمۡلِلِ

and let dictate

ٱلَّذِي

the one

عَلَيۡهِ

on whom

ٱلۡحَقُّ

(is) the right

وَلۡيَتَّقِ

and let him fear

ٱللَّهَ

Allah

رَبَّهُۥ

his Lord

وَلَا

and (let him) not

يَبۡخَسۡ

diminish

مِنۡهُ

from it

شَيۡـٔٗاۚ

anything

فَإِن

Then if

كَانَ

ٱلَّذِي

the one

عَلَيۡهِ

on him

ٱلۡحَقُّ

(is) the right

سَفِيهًا

(of) limited understanding

أَوۡ

ضَعِيفًا

weak

أَوۡ

لَا

not

يَسۡتَطِيعُ

capable

أَن

that

يُمِلَّ

(can) dictate

هُوَ

فَلۡيُمۡلِلۡ

then let dictate

وَلِيُّهُۥ

his guardian

بِٱلۡعَدۡلِۚ

with justice

وَٱسۡتَشۡهِدُواْ

And call for evidence

شَهِيدَيۡنِ

two witnesses

مِن

among

رِّجَالِكُمۡۖ

your men

فَإِن

And if

لَّمۡ

not

يَكُونَا

there are

رَجُلَيۡنِ

two men

فَرَجُلٞ

then one man

وَٱمۡرَأَتَانِ

and two women

مِمَّن

of whom

تَرۡضَوۡنَ

you agree

مِنَ

ٱلشُّهَدَآءِ

[the] witnesses

أَن

(so) that (if)

تَضِلَّ

[she] errs

إِحۡدَىٰهُمَا

one of the two

فَتُذَكِّرَ

then will remind

إِحۡدَىٰهُمَا

one of the two

ٱلۡأُخۡرَىٰۚ

the other

وَلَا

And not

يَأۡبَ

(should) refuse

ٱلشُّهَدَآءُ

the witnesses

إِذَا

when

مَا

that

دُعُواْۚ

they are called

وَلَا

And not

تَسۡـَٔمُوٓاْ

(be) weary

أَن

that

تَكۡتُبُوهُ

you write it

صَغِيرًا

small

أَوۡ

كَبِيرًا

large

إِلَىٰٓ

for

أَجَلِهِۦۚ

its term

ذَٰلِكُمۡ

That

أَقۡسَطُ

(is) more just

عِندَ

near

ٱللَّهِ

Allah

وَأَقۡوَمُ

and more upright

لِلشَّهَٰدَةِ

for evidence

وَأَدۡنَىٰٓ

and nearer

أَلَّا

that not

تَرۡتَابُوٓاْ

you (have) doubt

إِلَّآ

except

أَن

that

تَكُونَ

تِجَٰرَةً

a transaction

حَاضِرَةٗ

present

تُدِيرُونَهَا

you carry out

بَيۡنَكُمۡ

among you

فَلَيۡسَ

then not

عَلَيۡكُمۡ

on you

جُنَاحٌ

any sin

أَلَّا

that not

تَكۡتُبُوهَاۗ

you write it

وَأَشۡهِدُوٓاْ

And take witness

إِذَا

when

تَبَايَعۡتُمۡۚ

you make commercial transaction

وَلَا

And not

يُضَآرَّ

(should) be harmed

كَاتِبٞ

(the) scribe

وَلَا

and not

شَهِيدٞۚ

(the) witness

وَإِن

and if

تَفۡعَلُواْ

you do

فَإِنَّهُۥ

then indeed it

فُسُوقُۢ

(is) sinful conduct

بِكُمۡۗ

for you

وَٱتَّقُواْ

and fear

ٱللَّهَۖ

Allah

وَيُعَلِّمُكُمُ

And teaches

ٱللَّهُۗ

Allah

وَٱللَّهُ

And Allah

بِكُلِّ

of every

شَيۡءٍ

thing

عَلِيمٞ

(is) All-Knower

Translation

O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord Allah, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate, Let his guardian dictate faithfully, and get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (For evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is juster in the sight of Allah, More suitable as evidence, and more convenient to prevent doubts among yourselves but if it be a transaction which ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing. But take witness whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm), it would be wickedness in you. So fear Allah; For it is Good that teaches you. And Allah is well acquainted with all things. If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust, and let him Fear his Lord conceal not evidence; for whoever conceals it, - his heart is tainted with sin. And Allah knoweth all that ye do.

Tafsir

"The Necessity of Writing Transactions That Take Effect Later on

This Ayah is the longest in the Glorious Qur'an.

Imam Abu Jafar bin Jarir recorded that Sa`id bin Al-Musayyib said that he was told that the Ayah most recently revealed from above the Throne -- the last Ayah to be revealed in the Qur'an -- was the Ayah about debts.

Allah's statement,

يَا أَيُّهَا الَّذِينَ امَنُواۡ إِذَا تَدَايَنتُم بِدَيۡنٍ إِلَى أَجَلٍ مُّسَمًّى فَاكۡتُبُوهُ

O you who believe! When you contract a debt for a fixed period, write it down,

directs Allah's believing servants to record their business transactions when their term is delayed, to preserve the terms and timing of these transactions, and the memory of witnesses, as mentioned at the end of the Ayah,

ذَلِكُمۡ أَقۡسَطُ عِندَ اللّهِ وَأَقۡومُ لِلشَّهَادَةِ وَأَدۡنَى أَلاَّ تَرۡتَابُواۡ

(that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves).

The Two Sahihs recorded that Ibn Abbas said,

""Allah's Messenger came to Al-Madinah, while the people were in the habit of paying in advance for fruits to be delivered within one or two years. The Messenger of Allah said,

مَنۡ أَسۡلَفَ فَلۡيُسۡلِفۡ فِي كَيۡلٍ مَعۡلُومٍ وَوَزۡنٍ مَعۡلُومٍ إِلَى أَجَلٍ مَعۡلُوم

Whoever pays money in advance (for dates to be delivered later) should pay it for known specified measure and weight (of the dates) for a specified date.

Allah's statement,

فَاكۡتُبُوهُ

(write it down),

is a command from Him to record such transactions to endorse and preserve their terms.

Ibn Jurayj said,

""Whoever borrowed should write the terms, and whoever bought should have witnesses.""

Abu Sa`id, Ash-Sha`bi, Ar-Rabi bin Anas, Al-Hasan, Ibn Jurayj and Ibn Zayd said that;

recording such transactions was necessary before, but was then abrogated by Allah's statement,

فَإِنۡ أَمِنَ بَعۡضُكُم بَعۡضًا فَلۡيُوَدِّ الَّذِي اوۡتُمِنَ أَمَانَتَهُ وَلۡيَتَّقِ اللّهَ رَبَّهُ

(Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully). (2:283)

Allah's statement,

وَلۡيَكۡتُب بَّيۡنَكُمۡ كَاتِبٌ بِالۡعَدۡلِ

Let a scribe write it down in justice between you,

and in truth. Therefore, the scribe is not allowed to cheat any party of the contract and is to only record what the parties of the contract agreed to, without addition or deletion.

Allah's statement,

وَلَا يَأۡبَ كَاتِبٌ أَنۡ يَكۡتُبَ كَمَا عَلَّمَهُ اللّهُ فَلۡيَكۡتُبۡ

Let not the scribe refuse to write, as Allah has taught him, so let him write,

means, ""Those who know how to write should not refrain from writing transaction contracts when asked to do so.""

Further, let writing such contracts be a type of charity from the scribe for those who are not lettered, just as Allah taught him what he knew not. Therefore, let him write, just as the Hadith stated,

إِنَّ مِنَ الصَّدَقَةِ أَنۡ تُعِينَ صَانِعًا أَوۡ تَصۡنَعَ لاَِخۡرَق

It is a type of charity to help a worker and to do something for a feeble person.

In another Hadith, the Prophet said,

مَنۡ كَتَمَ عِلۡمًا يَعۡلَمُهُ أُلۡجِمَ يَوۡمَ الۡقِيَامَةِ بِلِجَامٍ مِنۡ نَار

Whoever kept knowledge to himself will be restrained by a bridle made of fire on the Day of Resurrection.

Mujahid and Ata said that;

if asked to do so, ""The scribe is required to record.""

Allah's statement,

وَلۡيُمۡلِلِ الَّذِي عَلَيۡهِ الۡحَقُّ وَلۡيَتَّقِ اللّهَ رَبَّهُ

Let him (the debtor) who incurs the liability dictate, and he must have Taqwa of Allah, his Lord,

indicates that the debtor should dictate to the scribe what he owes, so let him fear Allah.

وَلَا يَبۡخَسۡ مِنۡهُ شَيۡيًا

And diminish not anything of what he owes,

meaning, not hide any portion of what he owes.

فَإن كَانَ الَّذِي عَلَيۡهِ الۡحَقُّ سَفِيهًا

But if the debtor is of poor understanding,

and is not allowed to decide on such matters, because he used to waste money, for instance,

أَوۡ ضَعِيفًا

Or weak,

such as being too young or insane,

أَوۡ لَا يَسۡتَطِيعُ أَن يُمِلَّ هُوَ

Or is unable to dictate for himself,

because of a disease, or ignorance about such matters.

فَلۡيُمۡلِلۡ وَلِيُّهُ بِالۡعَدۡلِ

then let his guardian dictate in justice.

Witnesses Should Attend the Dictation of Contracts

Allah said,

وَاسۡتَشۡهِدُواۡ شَهِيدَيۡنِ من رِّجَالِكُمۡ

And get two witnesses out of your own men,

requiring witnesses to attend the dictation of contracts to further preserve the contents.

فَإِن لَّمۡ يَكُونَا رَجُلَيۡنِ فَرَجُلٌ وَامۡرَأَتَانِ

And if there are not two men (available), then a man and two women,

this requirement is only for contracts that directly or indirectly involve money. Allah requires that two women take the place of one man as witness, because of the woman's shortcomings, as the Prophet described.

Muslim recorded in his Sahih that Abu Hurayrah said that the Messenger of Allah said,

يَا مَعۡشَرَ النِّسَاءِ تَصَدَّقۡنَ وَأَكۡثِرۡنَ الاۡاسۡتِغۡفَارَ فَإِنِّي رَأَيۡتُكُنَّ أَكۡثَرَ أَهۡلِ النَّار

O women! Give away charity and ask for forgiveness, for I ﷺ that you comprise the majority of the people of the Fire.

One eloquent woman said, ""O Messenger of Allah! Why do we comprise the majority of the people of the Fire?""

He said,

تُكۡثِرۡنَ اللَّعۡنَ وَتَكۡفُرۡنَ الۡعَشِيرَ

You curse a lot and you do not appreciate your mate.

وَمَا رَأَيۡتُ مِنۡ نَاقِصَاتِ عَقۡلٍ وَدِينٍ أَغۡلَبَ لِذِي لُبَ مِنۡكُن

I have never seen those who have shortcoming in mind and religion controlling those who have sound minds, other than you.

She said, ""O Messenger of Allah! What is this shortcoming in mind and religion?""

He said,

أَمَّا نُقۡصَانُ عَقۡلِهَا فَشَهَادَةُ امۡرَأَتَيۡنِ تَعۡدِلُ شَهَادَةَ رَجُلٍ فَهَذَا نُقۡصَانُ الۡعَقۡلِ

As for the shortcoming in her mind, the testimony of two women equals the testimony of one man, and this is the shortcoming in the mind.

وَتَمۡكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفۡطِرُ فِي رَمَضَانَ فَهَذَا نُقۡصَانُ الدِّين

As for the shortcoming in the religion, woman remains for nights at a time when she does not pray and breaks the fast in Ramadan.

Allah's statement,

مِمَّن تَرۡضَوۡنَ مِنَ الشُّهَدَاء

such as you agree for witnesses,

requires competency in the witnesses.

Further, Allah's statement,

أَن تَضِلَّ إۡحۡدَاهُمَا

so that if one of them errs,

refers to the two women witnesses; whenever one of them forgets a part of the testimony.

فَتُذَكِّرَ إِحۡدَاهُمَا الاُخۡرَى

the other can remind her,

meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman.

Allah's statement,

وَلَا يَأۡبَ الشُّهَدَاء إِذَا مَا دُعُواۡ

And the witnesses should not refuse when they are called,

means, when people are called to be witnesses, they should agree, as Qatadah and Ar-Rabi bin Anas stated.

Similarly, Allah said,

وَلَا يَأۡبَ كَاتِبٌ أَنۡ يَكۡتُبَ كَمَا عَلَّمَهُ اللّهُ فَلۡيَكۡتُبۡ

Let not the scribe refuse to write as Allah has taught him, so let him write.

Some say that;

this Ayah indicates that agreeing to become a witness is Fard Kifayah (required on at least a part of the Muslim Ummah).

However, the majority of the scholars say that the Ayah,

وَلَا يَأۡبَ الشُّهَدَاء إِذَا مَا دُعُواۡ

(And the witnesses should not refuse when they are called),

is referring to testifying to what the witnesses actually witnessed, thus befitting their description of being `witnesses'.

Therefore, when the witness is called to testify to what he witnessed, he is required to give testimony, unless this obligation was already fulfilled, in which case such testimony becomes Fard Kifayah.

Mujahid and Abu Mijlaz said,

""If you are called to be a witness, then you have the choice to agree. If you witnessed and were called to testify, then come forward.""

It was reported that Ibn Abbas and Al-Hasan Al-Basri said that;

the obligation includes both cases, agreeing to be a witness and testifying to what one witnessed.

Allah's statement,

وَلَا تَسۡأَمُوۡاۡ أَن تَكۡتُبُوۡهُ صَغِيرًا أَو كَبِيرًا إِلَى أَجَلِهِ

You should not become weary to write it (your contract), whether it be small or large, for its fixed term,

perfects this direction from Allah by commanding that the debt be written, whether the amount is large or small.

Allah said,

وَلَا تَسۡأَمُوۡاۡ

(You should not become weary),

meaning, do not be discouraged against writing transactions and their terms, whether the amount involved is large or small.

Allah's statement,

ذَلِكُمۡ أَقۡسَطُ عِندَ اللّهِ وَأَقۡومُ لِلشَّهَادَةِ وَأَدۡنَى أَلاَّ تَرۡتَابُواۡ

that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves,

means, writing transactions that will be fulfilled at a later date is more just with Allah meaning better and more convenient in order to preserve the terms of the contract. Therefore, recording such agreements helps the witnesses, when they see their handwriting - or signatures - later on and thus remember what they witnessed, for it is possible that the witnesses might forget what they witnessed.

وَأَدۡنَى أَلاَّ تَرۡتَابُواۡ

(And more convenient to prevent doubts among yourselves) meaning,

this helps repel any doubt. Since if you need to refer to the contract that you wrote and the doubt will end.

Allah's statement,

إِلاَّ أَن تَكُونَ تِجَارَةً حَاضِرَةً تُدِيرُونَهَا بَيۡنَكُمۡ فَلَيۡسَ عَلَيۡكُمۡ جُنَاحٌ أَلاَّ تَكۡتُبُوهَا

save when it is a present trade which you carry out on the spot among yourselves, then there is no sin on you if you do not write it down.

indicates that if the transaction will be fulfilled immediately, then there is no harm if it is not recorded.

As for requiring witnesses to be present in trading transactions, Allah said,

وَأَشۡهِدُوۡاۡ إِذَا تَبَايَعۡتُمۡ

But take witnesses whenever you make a commercial contract.

However, this command was abrogated by,

فَإِنۡ أَمِنَ بَعۡضُكُم بَعۡضًا فَلۡيُوَدِّ الَّذِي اوۡتُمِنَ أَمَانَتَهُ

(Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully). (2:283)

Or, it could be that having witnesses in such cases is only recommended and not obligatory, as evident from the Hadith that Khuzaymah bin Thabit Al-Ansari narrated which Imam Ahmad collected.

Umarah bin Khuzaymah Al-Ansari said that his uncle, who was among the Prophet's Companions, told him that the Prophet was making a deal for a horse with a Bedouin man. The Prophet asked the Bedouin to follow him so that he could pay him the price of the horse.

The Prophet went ahead of the Bedouin. The Bedouin met several men who tried to buy his horse, not knowing if the Prophet was actually determined to buy it. Some people offered more money for the horse than the Prophet had.

The Bedouin man said to the Prophet, ""If you want to buy this horse, then buy it or I will sell it to someone else.""

When he heard the Bedouin man's words, the Prophet stood up and said, ""Have I not bought that horse from you?""

The Bedouin said, ""By Allah! I have not sold it to you.""

The Prophet said, ""Rather, I did buy it from you.""

The people gathered around the Prophet and the Bedouin while they were disputing, and the Bedouin said, ""Bring forth a witness who testifies that I sold you the horse.""

Meanwhile, the Muslims who came said to the Bedouin, ""Woe to you! The Prophet only says the truth.""

When Khuzaymah bin Thabit came and heard the dispute between the Prophet and the Bedouin who was saying, ""Bring forth a witness who testifies that I sold you the horse,"" Khuzaymah said, ""I bear witness that you sold him the horse.""

The Prophet said to Khuzaymah, ""What is the basis of your testimony?""

Khuzaymah said, ""That I entrusted you, O Messenger of Allah!""

Therefore, the Messenger made Khuzaymah's testimony equal to the testimony of two men.

This was also recorded by Abu Dawud and An-Nasa'i.

Allah's statement,

وَلَا يُضَأرَّ كَاتِبٌ وَلَا شَهِيدٌ

Let neither scribe nor witness suffer (or cause) any harm,

also indicates that the scribe and the witness must not cause any harm, such as, when the scribe writes other than what he is being dictated, or the witness testifies to other than what he heard or conceals his testimony.

This is the explanation of Al-Hasan and Qatadah.

Allah's statement,

وَإِن تَفۡعَلُواۡ فَإِنَّهُ فُسُوقٌ بِكُمۡ

But if you do (such harm), it would be wickedness in you,

means, ""If you defy what you were commanded and commit what you were prohibited, then it is because of the sin that resides and remains with you; sin that you never release or rid yourselves from.""

Allah's statement,

وَاتَّقُواۡ اللّهَ

So have Taqwa of Allah,

means, fear Him, remember His watch over you, implement His command and avoid what He prohibited.

وَيُعَلِّمُكُمُ اللّهُ

And Allah teaches you.

Similarly, Allah said,

يِـأَيُّهَا الَّذِينَ ءَامَنُواۡ إَن تَتَّقُواۡ اللَّهَ يَجۡعَل لَّكُمۡ فُرۡقَانًا

O you who believe! If you have Taqwa of Allah, He will grant you Furqan (a criterion to judge between right and wrong). (8:29)

and,

يأَيُّهَا الَّذِينَ ءَامَنُواۡ اتَّقُواۡ اللَّهَ وَءَامِنُواۡ بِرَسُولِهِ يُوۡتِكُمۡ كِفۡلَيۡنِ مِن رَّحۡمَتِهِ وَيَجۡعَل لَّكُمۡ نُوراً تَمۡشُونَ بِهِ

O you who believe! Have Taqwa of Allah, and believe in His Messenger, He will give you a double portion of His mercy, and He will give you a light by which you shall walk (straight). (57:28)

Allah said;

وَاللّهُ بِكُلِّ شَيۡءٍ عَلِيمٌ

And Allah is the All-Knower of everything.

stating that Allah has perfect knowledge in all matters and in their benefits or repercussions, and nothing escapes His perfect watch, for His knowledge encompasses everything in existence.

What is the `Mortgaging' Mentioned in the Ayah

Allah said,

وَإِن كُنتُمۡ عَلَى سَفَرٍ

And if you are on a journey,

meaning, traveling and some of you borrowed some money to be paid at a later date.

وَلَمۡ تَجِدُواۡ كَاتِبًا

and cannot find a scribe,

who would record the debt for you.

Ibn Abbas said,

""And even if they find a scribe, but did not find paper, ink or pen.""

Then,

فَرِهَانٌ مَّقۡبُوضَةٌ

let there be a pledge taken (mortgaging),

given to the creditor in lieu of writing the transaction.

The Two Sahihs recorded that;

Anas said that the Messenger of Allah died while his shield was mortgaged with a Jew in return for thirty Wasq (approximately 180 kg) of barley, which the Prophet bought on credit as provisions for his household.

In another narration, the Hadith stated that this Jew was among the Jews of Al-Madinah.

Allah said,

فَإِنۡ أَمِنَ بَعۡضُكُم بَعۡضًا فَلۡيُوَدِّ الَّذِي اوۡتُمِنَ أَمَانَتَهُ

then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully).

Ibn Abi Hatim recorded, with a sound chain of narration, that Abu Sa`id Al-Khudri said,

""This Ayah abrogated what came before it (i.e. that which required recording the transaction and having witnesses present).""

Ash-Sha`bi said,

""If you trust each other, then there is no harm if you do not write the loan or have witnesses present.""

Allah's statement,

وَلۡيَتَّقِ اللّهَ رَبَّهُ

And let him have Taqwa of Allah,

means, the debtor.

Imam Ahmad and the Sunan recorded that Qatadah said that Al-Hasan said that Samurah said that the Messenger of Allah said,

عَلَى الۡيَدِ مَا أَخَذَتۡ حَتَّى تُوَدِّيَه

The hand (of the debtor) will carry the burden of what it took until it gives it back.

Allah's statement,

وَلَا تَكۡتُمُواۡ الشَّهَادَةَ

And conceal not the evidence,

means, do not hide it or refuse to announce it.

Ibn Abbas and other scholars said,

""False testimony is one of the worst of the major sins, and such is the case with hiding the true testimony.

This is why Allah said,

وَمَن يَكۡتُمۡهَا فَإِنَّهُ اثِمٌ قَلۡبُهُ

For he who hides it, surely, his heart is sinful.

As-Suddi commented,

""Meaning he is a sinner in his heart.""

This is similar to Allah's statement,

وَلَا نَكۡتُمُ شَهَـدَةَ اللَّهِ إِنَّأ إِذَاً لَّمِنَ الاٌّثِمِينَ

We shall not hide testimony of Allah, for then indeed we should be of the sinful. (5:106)

Allah said,

يَـأَيُّهَا الَّذِينَ ءَامَنُواۡ كُونُواۡ قَوَّامِينَ بِالۡقِسۡطِ شُهَدَاءِ للَّهِ وَلَوۡ عَلَى أَنفُسِكُمۡ أَوِ الۡوَلِدَيۡنِ وَالاٌّقۡرَبِينَ إِن يَكُنۡ غَنِيّاً أَوۡ فَقَيراً فَاللَّهُ أَوۡلَى بِهِمَا فَلَ تَتَّبِعُواۡ الۡهَوَى أَن تَعۡدِلُواۡ وَإِن تَلۡوُواۡ أَوۡ تُعۡرِضُواۡ فَإِنَّ اللَّهَ كَانَ بِمَا تَعۡمَلُونَ خَبِيراً

O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a better Protector to both (than you).

So follow not the lusts (of your hearts), lest you avoid justice; and if you distort your witness or refuse to give it, verily, Allah is Ever Well-Acquainted with what you do. (4:135)

and in this Ayah (2:283) He said,

وَلَا تَكۡتُمُواۡ الشَّهَادَةَ

وَمَن يَكۡتُمۡهَا فَإِنَّهُ اثِمٌ قَلۡبُهُ

وَاللّهُ بِمَا تَعۡمَلُونَ عَلِيمٌ

And conceal not the evidence, for he who hides it, surely, his heart is sinful. And Allah is All-Knower of what you do."

O you who believe, when you contract, when you are dealing with, a debt, such as in prepayment for (future) delivery of goods or a loan, one upon another for a stated, a known, term, write it down, as confirmation and security against any dispute; and let a writer write it, the contract of debt, down betweenyou justly, accurately, not increasing or decreasing the amount or the terms; and let not any writer refuse to write it down, if he is requested for such a task, as God has taught him (the kaaf of ka-maa, 'as', is semantically connected to the verb ya'ba, 'refuse'), that is, just as He has given him the advantage of knowing how to write, he should not be niggardly in this respect; so let him write (repeated for emphasis), and let the debtor dictate, to the one writing the contract, for he is the one being witnessed, and must be fully aware of his obligations; and let him fear God his Lord, when dictating, and not diminish anything of it, of the debt due. And if the debtor be a fool, a squanderer, or weak, not up to dictating on account of old age or immaturity, or unable to dictate himself, on account of being dumb, or not knowing the language and so forth, then let his guardian, the one in charge of his affairs, be it a parent, an executor, a custodian or an interpreter, dictate justly. And summon to bear witness, the debt, two witnesses, men, mature Muslim free men; or if the two, witnesses, be not men, then one man and two women, to bear witness, such witnesses as you approve of, on account of their piety and probity; the number of women is because of the fact, so that if one of the two women errs, forgets the testimony, given their lesser astuteness and accuracy; the other, the one remembering, will remind her (read fa-tudhakkira or fa-tudhkira), the one that has forgotten - the 'reminding' clause is the reason [for the choice of two women], that is to say, so that she may be reminded if she errs or strays into error, because this [forgetfulness] is the cause of it (a variant reading [for an, 'that'] has the conditional in, 'if', with [the verb inflected as] tudhakkiru, 'she will remind', making it a new sentence, the response to which [follows]); and let the witnesses not refuse, whenever (the maa of idhaa maa, 'whenever', is extra) they are summoned, to bear witness and take responsibility for the testimony; and be not disdainful, lazy, to write it down, that which you have witnessed in truth (for this frequently occurred), be it, small or great, a little or much, with its term, that is, the date on which it is due (ilaa ajlihi is a circumstantial qualifier referring to the [pronominal suffix] haa' of taktuboo-hu, 'you write it down'); that, writing down, is more equitable, more just, in God's sight, more upright for testimony, that is to say, [that is] more helpful in summoning witness, because it contains the reminder; and nearer, closer to attaining [the desired state] that you will not be in doubt, with regard to the amount and the due dates; unless it be, [that] there is, trade carried out there and then (tijaaratun haadiratun: a variant reading has tijaaratan haadiratan, in which case the nominal sentence is missing its subject, and must be the pronoun for tijaara, 'trade', that is, hiya, 'it [fem. pronoun]') that you give and take between you, without there being a timeframe, then you will not be at fault if you do not write it, the merchandise itself, down. And take witnesses, over it, when you are trading with one another, for this is a better means of preventing dispute. The provisions here are delegated (to the personal choice of the people involved). And let not either writer or witness, the creditor and the debtor, be pressed, to distorting [the agreement], being prevented from testimony or dictation; nor should the creditor press them by charging them with what is not suitable for the testimony or the dictation; and if you do, what is prohibited to you, that is sinfulness, a rebellion against obedience, and lack of truth, in you. And fear God, in what He commands and prohibits. God teaches you (wa-yu'allimukumu Llaahu, is an implied circumstantial qualifier or it denotes the beginning of a new clause), what is in your best interests, and God knows all things.