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 between you 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 kāf of ka-mā ‘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 mā of idhā mā ‘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 ilā ajlihi is a circumstantial qualifier referring to the pronominal suffix hā’ of taktubū-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 tijāratun hādiratun a variant reading has tijāratan hādiratan in which case the nominal sentence is missing its subject and must be the pronoun for tijāra ‘trade’ that is hiya ‘it fem.
- 2:282282
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَىٰ أَجَلٍ مُسَمًّى فَاكْتُبُوهُ ۚ وَلْيَكْتُبْ بَيْنَكُمْ كَاتِبٌ بِالْعَدْلِ ۚ وَلَا يَأْبَ كَاتِبٌ أَنْ يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ ۚ فَلْيَكْتُبْ وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ رَبَّهُ وَلَا يَبْخَسْ مِنْهُ شَيْئًا ۚ فَإِنْ كَانَ الَّذِي عَلَيْهِ الْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَنْ يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ ۚ وَاسْتَشْهِدُوا شَهِيدَيْنِ مِنْ رِجَالِكُمْ ۖ فَإِنْ لَمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَاءِ أَنْ تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَىٰ ۚ وَلَا يَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا ۚ وَلَا تَسْأَمُوا أَنْ تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰ أَجَلِهِ ۚ ذَٰلِكُمْ أَقْسَطُ عِنْدَ اللَّهِ وَأَقْوَمُ لِلشَّهَادَةِ وَأَدْنَىٰ أَلَّا تَرْتَابُوا ۖ إِلَّا أَنْ تَكُونَ تِجَارَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا ۗ وَأَشْهِدُوا إِذَا تَبَايَعْتُمْ ۚ وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِنْ تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ ۗ وَاتَّقُوا اللَّهَ ۖ وَيُعَلِّمُكُمُ اللَّهُ ۗ وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ
O believers, when you negotiate a debt for a fixed term, draw up an agreement in writing, though better it would be to have a scribe write it faithfully down; and no scribe should refuse to write as God has taught him, and write what the borrower dictates, and have fear of God, his Lord, and not leave out a thing. If the borrower is deficient of mind or infirm, or unable to explain, let the guardian explain judiciously; and have two of your men to act as witnesses; but if two men are not available, then a man and two women you approve, so that in case one of them is confused the other may prompt her. When the witnesses are summoned they should not refuse (to come). But do not neglect to draw up a contract, big or small, with the time fixed for paying back the debt. This is more equitable in the eyes of God, and better as evidence and best for avoiding doubt. But if it is a deal about some merchandise requiring transaction face to face, there is no harm if no (contract is drawn up) in writing. Have witnesses to the deal, (and make sure) that the scribe or the witness is not harmed. If he is, it would surely be sinful on your part. And have fear of God, for God gives you knowledge, and God is aware of everything.
- common.revelation-Medinan
- common.hizb : 19