282. " o' you who have faith ! when you
contract a debt for a stated term,
then write it down; and let a scribe write it down justly between you,
and no scribe may refuse to write as allah has taught him;
so let him write, and let the one who incurs the debt dictate and he should
be in awe of allah, his lord, and not diminish anything from it.
and if he who owes the debt is unsound in understanding,
or weak (mentally), or if he is not able to dictate himself,
then let his guardian dictate justly;
and call to witness from among your men, two witnesses;
but if two men are not available, then a man and two women from among
those whom you approve as witnesses; so that if either of the
two women errs, the other will remind her; and the witnesses should not
refuse (to evidence) whenever they are summoned.
and be not averse to writing it down, be the transaction small or big,
with its fix term. that is more equitable in allah's sight and
more proper for testimony, and the surest way of avoiding
doubt among yourselves; unless it is ready merchandise which you
handle between yourselves, then there is no sin on you not to write it down.
and have witnesses when you are trading one with another.
and let no harm be done to a scribe or witness;
and if you do, that is transgression on your part.
be in awe of allah, and allah teaches you,
and allah is all-knowing of all things."
commentary:
commercial documents in the qur'an
after stating ordinances of charity given in the way of allah, and
the problem of usury, this verse, which is the longest verse of the
qur'an, expresses some ordinances upon the commercial and
economical affairs in order that the capitals gain their natural growth
and no difficulty or conflict comes forth for people.
there are nineteen significant instructions about financial
communication and trading in this verse which are dealt with in the
following.
1. in the first ordinance it says:
" o' you who have faith! when you contract a debt for a stated term,
then write it down;..."
this meaning, however, makes the problem of loan clear, too,
saying that it is permitted, as well as appointing a time for the loan. the
verse under discussion includes the whole debts which are found in
bargains, like: a time-bargain, purchases on credit, and the loan itself.
2 & 3. then, to create more confidence, and that the contracts to
be safe from the probable interference from the side of either of the
parties, it says:
"... and let a scribe write it down just between you..."
thus, contracts must be arranged by a third person who is just.
4. the person who is able to write must not refrain from writing.
"... and no scribe may refuse to write as allah has taught him;..."
that is, for the sake of that blessing which allah has bestowed
upon him, he should not flee from performing that writing of contract,
and he must help the two sides of the bargaining in this essential
problem.
5. "...so let him write, and let the one who incurs the debt dictate..."
6. "...and he should be in awe of allah, his lord,
and not diminish it...."
7. "...and if he who owes the debt is unsound in understanding, or
weak (mentally), or if he is not able to dictate himself, then let his guardian
dictate..."
8. the guardian should also observe justice in dictating and
confessing the debt of those who are under his guardianship.
"...justly..."
9. then it adds that besides that beware:
"... and call to witness from among your men, two witnesses;..."
10,11. "... from among your men,...", means that, these two men
should be both `grown up' and `muslim'.
12. "... but if two men are not available, then a man and two
women..."
13. "... from among those whom you approve as witnesses;..."
14. in the case that witnesses are two men, either of them can
bear witness independently. but when the witnesses are two women
and a man, those two women must bear witness with together :
"... so that if either of the two women errs, the other will remind her;..."
it is for the reason that women, because of the strong emotions
they have, may be affected by some factors and deviate from the right
path.
15. one of the ordinances upon this subject is that:
"... and the witnesses should not refuse (to evidence) whenever they
are summoned. ..."
therefore, bearing witness is obligatory, when the invitation for
the matter comes forth.
16. debt should be written done whether it is small or big,
because the safety of the economical relations, which islam means,
requires that, even in the contracts concerning the small debts, the
documents be written, too. that is for the same reason that the next
sentence of the verse says:
"... and be not averse to writing it down, be the transaction small or big,
with its fix term. ..."
then, it adds:
"... that is more equitable in allah's sight and more proper for testimony,
and the surest way of avoiding doubt among yourselves;..."
this sentence, in fact, is a hint to the philosophy of the above
mentioned ordinances about writing transactional documents. it vividly
shows that these recorded documents can be applied by the judge as
witnesses and proofs.
17. then, one aspect is exceptionally separated from this
ordinance, when it says:
"...unless it is ready merchandise which you handle between yourselves,
then there is no sin on you not to write it down..."
18. in cash transactions, though arranging and writing document
is not necessary, still calling to witnesses is better for them, because it
can prevent the probable future disputes. so, it says:
"... and have witnesses when you are trading one with another...."
19. for the last ordinance mentioned in this verse, it says:
"... and let no harm be done to a scribe or witness;..."
then, it is added:
"... and if you do, that is transgression on your part...."
finally, after mentioning all these ordinances, the qur'an invites
people to piety, virtue, and obedience to allah, saying:
"... be in awe of allah,..."
next to that, it reminds that whatever is necessary for your
material and spiritual life, allah teaches you:
"...and allah teaches you,..."
the occurrence of the above two phrases beside each other
indicates that piety and worshipping allah have a deep effect in
appearing insight, cognizance and the increase of knowledge.
and, he is aware of everything that is good or evil for people. so,
he determines what is good and appropriate for them.
"... and allah is all-knowing of all things. "
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