|Subject: When you contract a debt for a fixed period, write it down (Surah Al-Baqarah 2: 282) Sun Sep 25, 2016 6:31 pm|| |
When you contract a debt for a fixed period, write it down O you who believe! When you contract a debt for a fixed period, write it down.
(Surah Al-Baqarah 2: 282)
Let a scribe write it down in justice between you. Let not the scribe refuse to write, as Allah has taught him, so let him write. Let him (the debtor) who incurs the liability dictate, and he must have Taqwa of Allah, his Lord, and diminish not anything of what he owes. But if the debtor is of poor understanding, or weak, or is unable to dictate for himself, then let his guardian dictate in justice. And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her. And the witnesses should not refuse when they are called (for evidence). You should not become weary to write it (your contract), whether it be small or big, for its fixed term, that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves, 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. But take witnesses whenever you make a commercial contract. Let neither scribe nor witness suffer any harm, but if you do (such harm), it would be wickedness in you. So have Taqwa of Allah; and Allah teaches you. And Allah is the All-Knower of everything.) (Surah Al-Baqarah 2: 282)The Necessity of Writing Transactions That Take Effect Later on
This Ayah is the longest in the Glorious Qur'an. Imam Abu Ja`far 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, 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, 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 (Radhi Allahu Anhu) said, "Allah's Messenger (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) said, 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, 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, Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully). (2:283)
Allah's statement, 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. Source: Tafsir ibn Kathir (Abridged)