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.
O People who Believe! If you make an agreement for debt for a specified time, write it down; and appoint a scribe to write it for you with accuracy; and the scribe must not refuse to write in the manner Allah has taught him, so he must write; and the liable person (debtor) should dictate it to him and fear Allah, Who is his Lord, and not hide anything of the truth; but if the debtor is of poor reasoning, or weak, or unable to dictate, then his guardian must dictate with justice; and appoint two witnesses from your men; then if two men are not available, one man and two women from those you would prefer to be witnesses, so that if one of them forgets, the other can remind her; and the witnesses must not refuse when called upon to testify; do not feel burdened to write it, whether the transaction is small or big – write it for up to its term’s end; this is closer to justice before Allah and will be a strong evidence and more convenient to dispel doubts amongst yourselves – except when it is an instant trade in which exchange is carried out immediately, there is no sin on you if it is not written down; and take witnesses whenever you perform trade; and neither the scribe nor the witnesses be caused any harm (or they cause any harm); and if you do, it would be an offence on your part; and fear Allah; and Allah teaches you; and Allah knows everything.
O believers, when you contract a debt one upon another for a stated term, write it down, and let a writer write it down between you justly, and let not any writer refuse to write it down, as God has taught him; so let him write, and let the debtor dictate, and let him fear God his Lord and not diminish aught of it. And if the debtor be a fool, or weak, or unable to dictate himself, then let his guardian dictate justly. And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of, that if one of the two women errs the other will remind her; and let the witnesses not refuse, whenever they are summoned. And be not loth to write it down, whether it be small or great, with its term; that is more equitable in God's sight, more upright for testimony, and likelier that you will not be in doubt. Unless it be merchandise present that you give and take between you; then it shall be no fault in you if you do not write it down. And take witnesses when you are trafficking one with another. And let not either writer or witness be pressed; or if you do, that is ungodliness in you. And fear God; God teaches you, and God has knowledge of everything.
O YOU who have attained to faith! Whenever you give or take credit for a stated term, set it down in writing. And let a scribe write it down equitably between you; and no scribe shall refuse to write as God has taught him: thus shall he write. And let him who contracts the debt dictate; and let him be conscious of God, his Sustainer, and not weaken anything of his undertaking. And if he who contracts the debt is weak of mind or body, or, is not able to dictate himself, then let him who watches over his interests dictate equitably. And call upon two of your men to act as witnesses; and if two men are not available, then a man and two women from among such as are acceptable to you as witnesses, so that if one of them should make a mistake, the other could remind her. And the witnesses must not refuse [to give evidence] whenever they are called upon. And be not loath to write down every contractual provision, be it small or great, together with the time at which it falls due; this is more equitable in the sight of God, more reliable as evidence, and more likely to prevent you from having doubts [later]. If, however, [the transaction] concerns ready merchandise which you transfer directly unto one another, you will incur no sin if you do not write it down. And have witnesses whenever you trade with one another, but neither scribe nor witness must suffer harm; for if you do [them harm], behold, it will be sinful conduct on your part. And remain conscious of God, since it is God who teaches you [herewith] - and God has full knowledge of everything.
O ye who believe! when ye deal, one with anot her, in lending for a term named, write it down, and let a scribe write it down justly between you, and let not the scribe refuse to write according as Allah hath taught him. Let him write them, and let him who oweth dictate, and let him fear Allah, his Lord, and diminish not aught thereof. But if he who oweth be witless or infirm or unable himself to dictate, then let his guardian dictate justly. And call to witness two witnesses of your men, but if both be not men, then a man and two women of those ye agree upon as witnesses, so that if one of the twain err, the one thereof shall remind the other: and let not the witnesses refuse When they are called on And be not Weary of writing it down, be it small or big, with the term thereof. This is the most equitable in the sight of Allah and the most confirmatory of testimony and nearest that ye may not doubt, except when it be a ready merchandise that ye circulate between you, for then there Shall be no blame on you if ye write it not down. And call witnesses when ye bargain With one anot her; and let not the scribe eome to harm nor the witness; and if ye do, verily it will be wickedness in you. Fear Allah; and Allah teacheth you Knower; and Allah is of everything Knower.
O you who believe! When you contract a debt for a fixed period, write it down. 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 fear Allah, his Lord, and diminish not anything of what he owes. But if the debtor is of poor understanding, or weak, or is unable himself to dictate, 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 on (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 be afraid of Allah; and Allah teaches you. And Allah is the All-Knower of each and everything.
O you who believe! When you incur debt among yourselves for a certain period of time, write it down. And have a scribe write in your presence, in all fairness. And let no scribe refuse to write, as God has taught him. So let him write, and let the debtor dictate. And let him fear God, his Lord, and diminish nothing from it. But if the debtor is mentally deficient, or weak, or unable to dictate, then let his guardian dictate with honesty. And call to witness two men from among you. If two men are not available, then one man and two women whose testimony is acceptable to all—if one of them fails to remember, the other would remind her. Witnesses must not refuse when called upon. And do not think it too trivial to write down, whether small or large, including the time of repayment. That is more equitable with God, and stronger as evidence, and more likely to prevent doubt—except in the case of a spot transaction between you—then there is no blame on you if you do not write it down. And let there be witnesses whenever you conclude a contract, and let no harm be done to either scribe or witness. If you do that, it is corruption on your part. And fear God. God teaches you. God is aware of everything.
O Believers, when you contract a debt for a fixed; term, you should put it in writing. Let a scribe write with equity the document for the parties. The scribe whom Allah has given the gift of literacy should not refuse to write. Let him write and let the one under obligation (the debtor) dictate, and he should fear Allah, his Lord, and should not diminish from or add anything to the terms which have been settled. But if the borrower be of low understanding or weak or unable to dictate (for any reason), then let the guardian of his interests dictate it with equity. And let two men from among you bear witness to all such documents. But if two men be not available, there should be one man and two women to bear witness so that if one of the women forgets (anything), the other may remind her. The witnesses should be from among such people whom you approve of as witnesses. When the witnesses are asked to testify, they should not refuse to do so. Do not neglect to reduce to writing your transaction for a specified term, whether it be big or small. Allah considers this more just for you, for it facilitates the establishment of evidence and lessens doubts and suspicions. Of course, there is no harm if you do not put in writing the common transactions you conclude daily on the spot, but in case of commercial transactions you should have witnesses. The scribe and the witnesses should not be harassed: if you do so, you shall be guilty of sin. You should guard against the wrath of Allah; He gives you the knowledge of the right way for Allah has the knowledge of everything.
O you who believe! When you contract a debt for a fixed period, write it down. 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.
O ye who believe! When ye contract a debt for a fixed term, record it in writing. Let a scribe record it in writing between you in (terms of) equity. No scribe should refuse to write as Allah hath taught him, so let him write, and let him who incurreth the debt dictate, and let him observe his duty to Allah his Lord, and diminish naught thereof. But if he who oweth the debt is of low understanding, or weak, or unable himself to dictate, then let the guardian of his interests dictate in (terms of) equity. And call to witness, from among your men, two witnesses. And if two men be not (at hand) then a man and two women, of such as ye approve as witnesses, so that if the one erreth (through forgetfulness) the other will remember. And the witnesses must not refuse when they are summoned. Be not averse to writing down (the contract) whether it be small or great, with (record of) the term thereof. That is more equitable in the sight of Allah and more sure for testimony, and the best way of avoiding doubt between you; save only in the case when it is actual merchandise which ye transfer among yourselves from hand to hand. In that case it is no sin for you if ye write it not. And have witnesses when ye sell one to another, and let no harm be done to scribe or witness. If ye do (harm to them) lo! it is a sin in you. Observe your duty to Allah. Allah is teaching you. And Allah is knower of all things.
O you who have faith! When you contract a loan for a specified term, write it down. Let a writer write with honesty between you, and let not the writer refuse to write as Allah has taught him. So let him write, and let the one who incurs the debt dictate, and let him be wary of Allah, his Lord, and not diminish anything from it. But if the debtor be feeble-minded, or weak, or incapable of dictating himself, then let his guardian dictate with honesty, and take as witness two witnesses from your men, and if there are not two men, then a man and two women—from those whom you approve as witnesses—so that if one of the two defaults the other will remind her. The witnesses must not refuse when they are called, and do not consider it wearisome to write it down, whether it be a big or small sum, [as a loan lent] until its term. That is more just with Allah and more upright in respect to testimony, and the likeliest way to avoid doubt, unless it is an on-the-spot deal you transact between yourselves, in which case there is no sin upon you not to write it. Take witnesses when you make a deal, and let no harm be done to the writer or witness, and if you did that, it would be sinful of you. Be wary of Allah and Allah will teach you, and Allah has knowledge of all things.
Believers, when you contract a debt for a fixed period, put it in writing. Let a scribe write it down between you with fairness; no scribe shall refuse to write as Allah has taught him. Therefore, let him write; and let the debtor dictate, fearing Allah his Lord, and do not decrease anything of it. If the debtor is a fool, or weak, or unable to dictate himself, let his guardian dictate for him in fairness. Call to witness two witnesses of your men, if the two are not men, then a man and two women from the witnesses whom you approve; so that if one of the two errs, one of them will remind the other. Whenever witnesses are called upon they must not refuse, and do not be weary to write it down, be it small or large, together with its term. This is more just with Allah; it ensures accuracy in testifying and is the least of doubt. Unless it is present merchandise that you circulate between you; then no guilt shall be on you if you do not write it down and take witnesses when you are selling, and let no harm be done to either scribe or witness. If you do, that is a transgression in you. Fear Allah. Allah teaches you, and Allah has knowledge of everything.
O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice. Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation dictate. And let him fear Allah, his Lord, and not leave anything out of it. But if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice. And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. And let not the witnesses refuse when they are called upon. And do not be [too] weary to write it, whether it is small or large, for its [specified] term. That is more just in the sight of Allah and stronger as evidence and more likely to prevent doubt between you, except when it is an immediate transaction which you conduct among yourselves. For [then] there is no blame upon you if you do not write it. And take witnesses when you conclude a contract. Let no scribe be harmed or any witness. For if you do so, indeed, it is [grave] disobedience in you. And fear Allah. And Allah teaches you. And Allah is Knowing of all things.
Believers, if you take a loan for a known period of time, have a just scribe write it down for you. The scribe should not refuse to do this as God has taught him. The debtor should dictate without any omission and have fear of God, his Lord. If the debtor is a fool, a minor, or one who is unable to dictate, his guardian should act with justice as his representative. Let two men or one man and two women whom you choose, bear witness to the contract so that if one of them makes a mistake the other could correct him. The witness must not refuse to testify when their testimony is needed. Do not disdain writing down a small or a large contract with all the details. A written record of the contract is more just in the sight of God, more helpful for the witness, and a more scrupulous way to avoid doubt. However, if everything in the contract is exchanged at the same time, there is no sin in not writing it down. Let some people bear witness to your trade contracts but the scribe or witness must not be harmed; it is a sin to harm them. Have fear of God. God teaches you. He has knowledge of all things.
O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (his duty to) Allah, his Lord, and not diminish anything from it; but if he who owes the debt is unsound in understanding, or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness; and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things.
Y<u>a</u> ayyuh<u>a</u> alla<u>th</u>eena <u>a</u>manoo i<u>tha</u> tad<u>a</u>yantum bidaynin il<u>a</u> ajalin musamman fa<b>o</b>ktuboohu walyaktub baynakum k<u>a</u>tibun bi<b>a</b>lAAadli wal<u>a</u> yaba k<u>a</u>tibun an yaktuba kam<u>a</u> AAallamahu All<u>a</u>hu falyaktub walyumlili alla<u>th</u>ee AAalayhi al<u>h</u>aqqu walyattaqi All<u>a</u>ha rabbahu wal<u>a</u> yabkhas minhu shayan fain k<u>a</u>na alla<u>th</u>ee AAalayhi al<u>h</u>aqqu safeehan aw <u>d</u>aAAeefan aw l<u>a</u> yasta<u>t</u>eeAAu an yumilla huwa falyumlil waliyyuhu bi<b>a</b>lAAadli wa<b>i</b>stashhidoo shaheedayni min rij<u>a</u>likum fain lam yakoon<u>a</u> rajulayni farajulun wa<b>i</b>mraat<u>a</u>ni mimman tar<u>d</u>awna mina a<b>l</b>shshuhad<u>a</u>i an ta<u>d</u>illa i<u>h</u>d<u>a</u>hum<u>a</u> fatu<u>th</u>akkira i<u>h</u>d<u>a</u>hum<u>a</u> alokhr<u>a</u> wal<u>a</u> yaba a<b>l</b>shshuhad<u>a</u>o i<u>tha</u> m<u>a</u> duAAoo wal<u>a</u> tasamoo an taktuboohu <u>s</u>agheeran aw kabeeran il<u>a</u> ajalihi <u>tha</u>likum aqsa<u>t</u>u AAinda All<u>a</u>hi waaqwamu li<b>l</b>shshah<u>a</u>dati waadn<u>a</u> all<u>a</u> tart<u>a</u>boo ill<u>a</u> an takoona tij<u>a</u>ratan <u>had</u>iratan tudeeroonah<u>a</u> baynakum falaysa AAalaykum jun<u>ah</u>un all<u>a</u> taktubooh<u>a</u> waashhidoo i<u>tha</u> tab<u>a</u>yaAAtum wal<u>a</u> yu<u>da</u>rra k<u>a</u>tibun wal<u>a</u> shaheedun wain tafAAaloo fainnahu fusooqun bikum wa<b>i</b>ttaqoo All<u>a</u>ha wayuAAallimukumu All<u>a</u>hu wa<b>A</b>ll<u>a</u>hu bikulli shayin AAaleem<b>un</b>
Believers, when you contract a debt for a stated term, put it down in writing; have a scribe write it down with fairness between you. No scribe should refuse to write: let him write as God has taught him, let the debtor dictate, and let him fear God, his Lord, and not diminish [the debt] at all. If the debtor is weak in mind or body, or unable to dictate, then in fairness let his guardian dictate for him. Call in two of your men as witnesses. But if two men cannot be found, then call one man and two women out of those you approve of as witnesses, so that if one of the two women should forget the other can remind her. Let the witnesses not refuse when they are summoned. Do not be disinclined to write down your debts, be they small or large, together with the date of payment. This is more just in the sight of God; it is more reliable as testimony, and more likely to prevent doubts arising between you, unless it be ready merchandise which you give or take from hand to hand, then it will not be held against you for not writing it down. Have witnesses present whenever you trade with one another, and let no harm be done to either scribe or witness, for if you did cause them harm, it would be a crime on your part. Be mindful of God; He teaches you: He has full knowledge of everything.
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.
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰٓ أَجَلٍ مُّسَمًّى فَٱكْتُبُوهُ وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌۢ بِٱلْعَدْلِ وَلَا يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ ٱللَّهُ فَلْيَكْتُبْ وَلْيُمْلِلِ ٱلَّذِى عَلَيْهِ ٱلْحَقُّ وَلْيَتَّقِ ٱللَّهَ رَبَّهُۥ وَلَا يَبْخَسْ مِنْهُ شَيْـًٔا فَإِن كَانَ ٱلَّذِى عَلَيْهِ ٱلْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَن يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُۥ بِٱلْعَدْلِ وَٱسْتَشْهِدُوا۟ شَهِيدَيْنِ مِن رِّجَالِكُمْ فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَٱمْرَأَتَانِ مِمَّن تَرْضَوْنَ مِنَ ٱلشُّهَدَآءِ أَن تَضِلَّ إِحْدَىٰهُمَا فَتُذَكِّرَ إِحْدَىٰهُمَا ٱلْأُخْرَىٰ وَلَا يَأْبَ ٱلشُّهَدَآءُ إِذَا مَا دُعُوا۟ وَلَا تَسْـَٔمُوٓا۟ أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰٓ أَجَلِهِۦ ذَٰلِكُمْ أَقْسَطُ عِندَ ٱللَّهِ وَأَقْوَمُ لِلشَّهَٰدَةِ وَأَدْنَىٰٓ أَلَّا تَرْتَابُوٓا۟ إِلَّآ أَن تَكُونَ تِجَٰرَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا وَأَشْهِدُوٓا۟ إِذَا تَبَايَعْتُمْ وَلَا يُضَآرَّ كَاتِبٌ وَلَا شَهِيدٌ وَإِن تَفْعَلُوا۟ فَإِنَّهُۥ فُسُوقٌۢ بِكُمْ وَٱتَّقُوا۟ ٱللَّهَ وَيُعَلِّمُكُمُ ٱللَّهُ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌ
O you who have faith in Allah and follow His Messenger, when you enter a transaction that involves a debt – such as when you give a loan to one another for a fixed period –then write it down. The person who is able to write should write it down fairly and in accordance with the sacred law, and should not refuse to write down the debt in accordance with what Allah has taught him about writing justly. He should write what is dictated by the person against whom the right is so that it serves as an acknowledgement from him. He should be mindful of Allah and not reduce anything from the value or description of the debt. If the debtor is not experienced in undertaking transactions, young, insane or is not able to dictate due to being mute or for some other reason, then his authoritative guardian should dictate with fairness. Also, call two sane and upright men as witnesses. If two men are not found, then call one man and two women whose religion and honesty you are satisfied with, so that if one of the women forgets, the other can remind her. The witness should not refuse to be a witness to a debt and must testify if required. Do not be lazy to write down the debt, no matter how small the amount, as this is more just in Allah’s law, more reliable as evidence and more likely to remove any doubt in the type, amount or period of the debt. However, if the transaction is for an item that is present in exchange for a spot price there is no harm in not writing down, since there is no need to do so. Calling witnesses is legislated so that disputes do not arise. It is unlawful to cause any harm to the witnesses or the ones who write; nor may they cause any harm to those who request them to write or stand witness. If anyone causes harm, he is going against Allah’s sacred law. O people of faith, be mindful of Allah by fulfilling His instructions and avoiding His prohibitions. Allah will teach you what is best for you in this world and the Afterlife. Allah knows everything and nothing is hidden from Him.
O you who have faith in Allah and follow His Messenger, when you enter a transaction that involves a debt – such as when you give a loan to one another for a fixed period –then write it down. The person who is able to write should write it down fairly and in accordance with the sacred law, and should not refuse to write down the debt in accordance with what Allah has taught him about writing justly. He should write what is dictated by the person against whom the right is so that it serves as an acknowledgement from him. He should be mindful of Allah and not reduce anything from the value or description of the debt. If the debtor is not experienced in undertaking transactions, young, insane or is not able to dictate due to being mute or for some other reason, then his authoritative guardian should dictate with fairness. Also, call two sane and upright men as witnesses. If two men are not found, then call one man and two women whose religion and honesty you are satisfied with, so that if one of the women forgets, the other can remind her. The witness should not refuse to be a witness to a debt and must testify if required. Do not be lazy to write down the debt, no matter how small the amount, as this is more just in Allah’s law, more reliable as evidence and more likely to remove any doubt in the type, amount or period of the debt. However, if the transaction is for an item that is present in exchange for a spot price there is no harm in not writing down, since there is no need to do so. Calling witnesses is legislated so that disputes do not arise. It is unlawful to cause any harm to the witnesses or the ones who write; nor may they cause any harm to those who request them to write or stand witness. If anyone causes harm, he is going against Allah’s sacred law. O people of faith, be mindful of Allah by fulfilling His instructions and avoiding His prohibitions. Allah will teach you what is best for you in this world and the Afterlife. Allah knows everything and nothing is hidden from Him.
<p>The Qur'anic injunctions on Loan</p><p>An important principle of the Law of Dealings, or the Law of Contracts in modern legal terminology, has been taken up in the verses appearing above. Following this, appears a specific principle of the general rules of evidence.</p><p>These are times when writing is the rage. The written word has taken the place of human speech but think of the days of fourteen hundred years ago when almost the entire business of the world was conducted verbally. The principle of writing and retaining documents did not just exist. It was the Qur'an which first pointed out to its importance and said:</p><p>إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰ أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ</p><p>When you transact a debt payable at a specified time, put it in writing. Two principles have been stated here. These are:</p><p>1.	A written document should be prepared while concluding a transaction on deferred payment basis, so that it may be availed of in cases of error or refusal.</p><p>2.	While making a transaction on deferred payment basis, it is necessary that the due date of its payment should be determined. It is not permissible to defer the payment for an indefinite period of time because this can open the doors of dispute. This is why the Muslim Jurists have stressed that the time limit so set should not have any ambiguity at all. It should specify the exact date and month. There should be nothing vague about it, for instance, the time of the harvesting of crops cannot be fixed, because the time of harvesting may vary subject to weather conditions. Since writing was not common in those days (and even after writing has become so common, the majority of world population is the same as does not know how to write), it was possible for the scribe of the agreement to write down what was not intended, thereby causing undue loss or gain to one or the other party. Therefore, it was said:</p><p>وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌ بِالْعَدْلِ</p><p>And let a scribe write it between you with fairness.</p><p>Firstly, the instruction given here requires that the scribe should not be prejudiced in favour of one of the parties. On the contrary, he should be impartial so that there remains no scope for doubt or concern for anyone. Secondly, the scribe was instructed to write justly. Let him incur no permanent loss on himself by working for the vanishing gain of others. After that, the attention of the scribe has been drawn to the fact that Allah Almighty has given him the ability to write, for which he can show his gratefulness by not refusing to write.</p><p>As to who should initiate the writing of the document, it was said:</p><p>وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ</p><p>And the one who owes should give the dictation,</p><p>For instance, if a person has made a purchase on credit, then he is the one who should dictate the entries of the document because this will be a written agreement on his behalf. In order to offset the possibility of any addition or deletion in the written document, it was said:</p><p>وَلْيَتَّقِ اللَّـهَ رَ‌بَّهُ وَلَا يَبْخَسْ مِنْهُ شَيْئًا</p><p>But he must fear Allah, his Lord, and should not curtail any-thing from it.</p><p>Sometimes, it happens that the person incurring debt is fickle-minded, or superannuated in age, or a minor, or mute, or the speaker of a language not known to the scribe. Since such a person does not have the ability to dictate a document, it was said that, in a situation like this, his wali ولی or guardian should dictate the written agreement. The need for a guardian in respect of the insane and the minor is obvious since all their affairs are handled through a guardian. The guardian of the mute, or the speaker of the language unknown to the scribe could also do this, and should he make somebody his representative, it would still be possible. Here, the word, 'wali' ولی in the Qur'an covers both meanings.</p><p>The rules of witnessing</p><p>Upto this point the statement was limited to the writing or dictating of documents in transaction. Later on, it is enlarged by saying that the writing of the document should riot be taken as sufficient. It should rather have witnesses as well so that, in case there is a dispute, the appearance of witnesses in the court could help resolve it. This is why the Muslim jurists, may Allah's mercy be upon them, have said that simple writing of an agreement is not a conclusive proof in the sight of Islamic Shari'ah. Unless there is an oral evidence of witnesses, as approved by the Shari'ah, on the agreement, no decision could be taken on simple writing. Common courts of today also follow the same practice when they do not take a decision unless there is a verbal evidence to prove the document.</p><p>The number of witnesses</p><p>Now follow some important rules of evidence:</p><p>1.	It is necessary according to Islamic rules of evidence that there be two men, or one man and two women. One man alone, or only two women are not sufficient witnesses in common dealings.</p><p>The qualifications of witnesses</p><p>2.	The witnesses should be Muslims. The Qur'anic expression: مِن رِّ‌جَالِكُمْ 'from among your men' points out in this direction.</p><p>3.	The witnesses should be trustworthy and just whose word could be relied upon. They should not be sinners and liars. This injunction is contained in مِمَّن تَرْ‌ضَوْنَ مِنَ الشُّهَدَاءِ : from those witnesses you are pleased with.'</p><p>Refusing the act of witnessing is a sin</p><p>After that, the Holy Qur'an directs the people that they should not refuse to be witnesses when it is required from them, since evidence is the way to revive truth and the method to resolved disputes. Even if there is a trouble in giving evidence, it should to be tolerated, taking it as a national duty. Following that, emphasis was laid on writing down the document of deeds. It was said that the agreement, big or small, should invariably be written down: 'And, be not loath to write it down, as payable at its time, no matter how short or long.' Of course, if there is a hand-to-hand transaction, not involving any debt, it could be left unwritten. However, as a precautionary measure, two witnesses should be taken to confirm the agreement anyway, just in case there arises a dispute between the parties concerned. For instance, the seller may say that the price was not received, or the buyer may charge that he did not receive everything he bought. Evidence of witnesses will serve well in deciding this dispute.</p><p>Witnesses should not suffer</p><p>When the verse began, scribes were instructed not to refuse writing or testifying agreements. In this case, it was possible that people would give them more trouble than necessary.. Therefore, it was said towards the end of the verse:</p><p>وَلَا يُضَارَّ‌ كَاتِبٌ وَلَا شَهِيدٌ</p><p>And neither scribe nor witness should be harmed.</p><p>It means that, in order to protect one's own rights and benefits, one should not disturb the rights and benefits of others. Then it was said:</p><p>وَإِن تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ</p><p>And if you do, it is certainly a sin on your part.'</p><p>This tells us that causing harm to the scribe or the witness is prohibited. For this reason, the Muslim jurists have said that the scribe who demands his wages while writing, or the witness who claims his legitimate two-way conveyance allowance, are entitled to get it as a matter of their right. Not paying these dues is included under the scope of harming them, and is, therefore, impermissible. No doubt, under its system of justice, Islam has forced the witnesses to appear in court, and has made the concealment of evidence a grave sin; but at the same time, the other side of the picture has also been duly taken care of, so that people are not made to stay away from testifying. It was the effect of this two-way precaution that truthful and selfless witnesses were available in every case, and cases were decided easily and quickly true to the demands of justice. When the modern world bypassed this Qur'anic principle, the whole court system went to pieces. Real and true witnesses in cases became virtually extinct. Everyone was compelled to shy away from appearing as a witness. The reason is simple. Being identified as a witness means trouble. If the case involves the police and a crime, the chief of the police station would call the witness everyday and any time, and on occasions, would have him sit there for hours. Even in civil courts, the witness is treated as if he was some sort of criminal. Then the dates of the case keep changing endlessly. New dates are given on which the poor witness is bound to come leaving his business, job and needs. If he fails, the threat of an arrest-warrant hangs over his head. Therefore, every decent person engaged in earning his livelihood has been forced to take the appearance in court as punishment for no crime of his, and therefore, he has been left with no choice but to avoid it as far as he can. Professional witnesses are all you get and they make no distinction between the lie and the truth. The Holy Qur'an, after emphasizing these basic ingredients, helps eliminate these malpractices by saying at the end of the verse:</p><p>وَاتَّقُوا اللَّـهَ ۖ وَيُعَلِّمُكُمُ اللَّـهُ ۗ وَاللَّـهُ بِكُلِّ شَيْءٍ عَلِيمٌ</p><p>And fear Allah. And Allah teaches you. And Allah is All-Knowing in respect of everything.</p><p>It will be noted that this verse carries many injunctions. Some Muslim jurists have deduced twenty important juristic rulings from this verse. We should also keep in mind the recurring style of the Qur'an whereby, before and after giving a particular law, it creates an inner impulse to follow Divine injunctions by introducing the fear of Allah and the fear of the Day of Retribution. It is in accordance with this method that the verse was concluded with an exhortation to fear Allah and to remember that there is nothing hidden from Him. If you try any contravention, under any impermissible pretext whatsoever, you will still remain unable to cheat Allah.</p><p>The second verse takes up the following two subjects:</p><p>1.	In cases involving a credit deal, it is quite permissible for a person to keep something as mortgage to secure his debt. But the Qur'anic word مَّقْبُوضَةٌ (taken in possession) indicates that deriving any benefit out of the thing mortgaged is not permissible for him. The only right the mortgagee has is to keep the thing in his possession until the time when his debt is cleared. Any benefit that accrues from it rightfully belongs to the original owner.</p><p>2.	Secondly, it was said that the person who knows the correct situation in a disputed matter should not withhold his testimony. If he does withhold it, his heart is a sinner. The heart has been identified as the sinner because somebody might think his sin was restricted to the tongue (which failed to speak up). But it was in the heart that he first decided to do what he did and therefore, the sin of his heart comes first.</p>
The Qur'anic injunctions on LoanAn important principle of the Law of Dealings, or the Law of Contracts in modern legal terminology, has been taken up in the verses appearing above. Following this, appears a specific principle of the general rules of evidence.These are times when writing is the rage. The written word has taken the place of human speech but think of the days of fourteen hundred years ago when almost the entire business of the world was conducted verbally. The principle of writing and retaining documents did not just exist. It was the Qur'an which first pointed out to its importance and said:إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰ أَجَلٍ مُّسَمًّى فَاكْتُبُوهُWhen you transact a debt payable at a specified time, put it in writing. Two principles have been stated here. These are:1.	A written document should be prepared while concluding a transaction on deferred payment basis, so that it may be availed of in cases of error or refusal.2.	While making a transaction on deferred payment basis, it is necessary that the due date of its payment should be determined. It is not permissible to defer the payment for an indefinite period of time because this can open the doors of dispute. This is why the Muslim Jurists have stressed that the time limit so set should not have any ambiguity at all. It should specify the exact date and month. There should be nothing vague about it, for instance, the time of the harvesting of crops cannot be fixed, because the time of harvesting may vary subject to weather conditions. Since writing was not common in those days (and even after writing has become so common, the majority of world population is the same as does not know how to write), it was possible for the scribe of the agreement to write down what was not intended, thereby causing undue loss or gain to one or the other party. Therefore, it was said:وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌ بِالْعَدْلِAnd let a scribe write it between you with fairness.Firstly, the instruction given here requires that the scribe should not be prejudiced in favour of one of the parties. On the contrary, he should be impartial so that there remains no scope for doubt or concern for anyone. Secondly, the scribe was instructed to write justly. Let him incur no permanent loss on himself by working for the vanishing gain of others. After that, the attention of the scribe has been drawn to the fact that Allah Almighty has given him the ability to write, for which he can show his gratefulness by not refusing to write.As to who should initiate the writing of the document, it was said:وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّAnd the one who owes should give the dictation,For instance, if a person has made a purchase on credit, then he is the one who should dictate the entries of the document because this will be a written agreement on his behalf. In order to offset the possibility of any addition or deletion in the written document, it was said:وَلْيَتَّقِ اللَّـهَ رَ‌بَّهُ وَلَا يَبْخَسْ مِنْهُ شَيْئًاBut he must fear Allah, his Lord, and should not curtail any-thing from it.Sometimes, it happens that the person incurring debt is fickle-minded, or superannuated in age, or a minor, or mute, or the speaker of a language not known to the scribe. Since such a person does not have the ability to dictate a document, it was said that, in a situation like this, his wali ولی or guardian should dictate the written agreement. The need for a guardian in respect of the insane and the minor is obvious since all their affairs are handled through a guardian. The guardian of the mute, or the speaker of the language unknown to the scribe could also do this, and should he make somebody his representative, it would still be possible. Here, the word, 'wali' ولی in the Qur'an covers both meanings.The rules of witnessingUpto this point the statement was limited to the writing or dictating of documents in transaction. Later on, it is enlarged by saying that the writing of the document should riot be taken as sufficient. It should rather have witnesses as well so that, in case there is a dispute, the appearance of witnesses in the court could help resolve it. This is why the Muslim jurists, may Allah's mercy be upon them, have said that simple writing of an agreement is not a conclusive proof in the sight of Islamic Shari'ah. Unless there is an oral evidence of witnesses, as approved by the Shari'ah, on the agreement, no decision could be taken on simple writing. Common courts of today also follow the same practice when they do not take a decision unless there is a verbal evidence to prove the document.The number of witnessesNow follow some important rules of evidence:1.	It is necessary according to Islamic rules of evidence that there be two men, or one man and two women. One man alone, or only two women are not sufficient witnesses in common dealings.The qualifications of witnesses2.	The witnesses should be Muslims. The Qur'anic expression: مِن رِّ‌جَالِكُمْ 'from among your men' points out in this direction.3.	The witnesses should be trustworthy and just whose word could be relied upon. They should not be sinners and liars. This injunction is contained in مِمَّن تَرْ‌ضَوْنَ مِنَ الشُّهَدَاءِ : from those witnesses you are pleased with.'Refusing the act of witnessing is a sinAfter that, the Holy Qur'an directs the people that they should not refuse to be witnesses when it is required from them, since evidence is the way to revive truth and the method to resolved disputes. Even if there is a trouble in giving evidence, it should to be tolerated, taking it as a national duty. Following that, emphasis was laid on writing down the document of deeds. It was said that the agreement, big or small, should invariably be written down: 'And, be not loath to write it down, as payable at its time, no matter how short or long.' Of course, if there is a hand-to-hand transaction, not involving any debt, it could be left unwritten. However, as a precautionary measure, two witnesses should be taken to confirm the agreement anyway, just in case there arises a dispute between the parties concerned. For instance, the seller may say that the price was not received, or the buyer may charge that he did not receive everything he bought. Evidence of witnesses will serve well in deciding this dispute.Witnesses should not sufferWhen the verse began, scribes were instructed not to refuse writing or testifying agreements. In this case, it was possible that people would give them more trouble than necessary.. Therefore, it was said towards the end of the verse:وَلَا يُضَارَّ‌ كَاتِبٌ وَلَا شَهِيدٌAnd neither scribe nor witness should be harmed.It means that, in order to protect one's own rights and benefits, one should not disturb the rights and benefits of others. Then it was said:وَإِن تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْAnd if you do, it is certainly a sin on your part.'This tells us that causing harm to the scribe or the witness is prohibited. For this reason, the Muslim jurists have said that the scribe who demands his wages while writing, or the witness who claims his legitimate two-way conveyance allowance, are entitled to get it as a matter of their right. Not paying these dues is included under the scope of harming them, and is, therefore, impermissible. No doubt, under its system of justice, Islam has forced the witnesses to appear in court, and has made the concealment of evidence a grave sin; but at the same time, the other side of the picture has also been duly taken care of, so that people are not made to stay away from testifying. It was the effect of this two-way precaution that truthful and selfless witnesses were available in every case, and cases were decided easily and quickly true to the demands of justice. When the modern world bypassed this Qur'anic principle, the whole court system went to pieces. Real and true witnesses in cases became virtually extinct. Everyone was compelled to shy away from appearing as a witness. The reason is simple. Being identified as a witness means trouble. If the case involves the police and a crime, the chief of the police station would call the witness everyday and any time, and on occasions, would have him sit there for hours. Even in civil courts, the witness is treated as if he was some sort of criminal. Then the dates of the case keep changing endlessly. New dates are given on which the poor witness is bound to come leaving his business, job and needs. If he fails, the threat of an arrest-warrant hangs over his head. Therefore, every decent person engaged in earning his livelihood has been forced to take the appearance in court as punishment for no crime of his, and therefore, he has been left with no choice but to avoid it as far as he can. Professional witnesses are all you get and they make no distinction between the lie and the truth. The Holy Qur'an, after emphasizing these basic ingredients, helps eliminate these malpractices by saying at the end of the verse:وَاتَّقُوا اللَّـهَ ۖ وَيُعَلِّمُكُمُ اللَّـهُ ۗ وَاللَّـهُ بِكُلِّ شَيْءٍ عَلِيمٌAnd fear Allah. And Allah teaches you. And Allah is All-Knowing in respect of everything.It will be noted that this verse carries many injunctions. Some Muslim jurists have deduced twenty important juristic rulings from this verse. We should also keep in mind the recurring style of the Qur'an whereby, before and after giving a particular law, it creates an inner impulse to follow Divine injunctions by introducing the fear of Allah and the fear of the Day of Retribution. It is in accordance with this method that the verse was concluded with an exhortation to fear Allah and to remember that there is nothing hidden from Him. If you try any contravention, under any impermissible pretext whatsoever, you will still remain unable to cheat Allah.The second verse takes up the following two subjects:1.	In cases involving a credit deal, it is quite permissible for a person to keep something as mortgage to secure his debt. But the Qur'anic word مَّقْبُوضَةٌ (taken in possession) indicates that deriving any benefit out of the thing mortgaged is not permissible for him. The only right the mortgagee has is to keep the thing in his possession until the time when his debt is cleared. Any benefit that accrues from it rightfully belongs to the original owner.2.	Secondly, it was said that the person who knows the correct situation in a disputed matter should not withhold his testimony. If he does withhold it, his heart is a sinner. The heart has been identified as the sinner because somebody might think his sin was restricted to the tongue (which failed to speak up). But it was in the heart that he first decided to do what he did and therefore, the sin of his heart comes first.
<h2 class="title">The Necessity of Writing Transactions That Take Effect Later on</h2><p>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. </p><p>Allah's statement, </p><div class="text_uthmani arabic">يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَى أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ</div><p>(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, </p><div class="text_uthmani arabic">ذَلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَـدَةِ وَأَدْنَى أَلاَّ تَرْتَابُواْ</div><p>(that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves.) </p><p>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, </p><div class="text_uthmani arabic">«مَنْ أَسْلَفَ، فَلْيُسْلِفْ فِي كَيْلٍ مَعْلُومٍ، وَوَزْنٍ مَعْلُومٍ، إِلَى أَجَلٍ مَعْلُوم»</div><p>(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. ) </p><p>Allah's statement, </p><div class="text_uthmani arabic">فَاكْتُبُوهُ</div><p>(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, </p><div class="text_uthmani arabic">فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ الَّذِى اؤْتُمِنَ أَمَـنَتَهُ</div><p>(Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully).) </p><p>Allah's statement, </p><div class="text_uthmani arabic">وَلْيَكْتُب بَّيْنَكُم كَاتِبٌ بِالْعَدْلِ</div><p>(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, </p><div class="text_uthmani arabic">وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ</div><p>(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, </p><div class="text_uthmani arabic">«إِنَّ مِنَ الصَّدَقَةِ أَنْ تُعِينَ صَانِعًا، أَوْ تَصْنَعَ لِأَخْرَق»</div><p>(It is a type of charity to help a worker and to do something for a feeble person.) </p><p>In another Hadith, the Prophet said, </p><div class="text_uthmani arabic">«مَنْ كَتَمَ عِلْمًا يَعْلَمُهُ، أُلْجِمَ يَوْمَ الْقِيَامَةِ بِلِجَامٍ مِنْ نَار»</div><p>(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." </p><p>Allah's statement, </p><div class="text_uthmani arabic">وَلْيُمْلِلِ الَّذِى عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ رَبَّهُ</div><p>(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, </p><div class="text_uthmani arabic">وَلاَ يَبْخَسْ مِنْهُ شَيْئاً</div><p>(And diminish not anything of what he owes,) meaning, not hide any portion of what he owes. </p><div class="text_uthmani arabic">فَإن كَانَ الَّذِى عَلَيْهِ الْحَقُّ سَفِيهًا</div><p>(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, </p><div class="text_uthmani arabic">أَوْ ضَعِيفًا</div><p>(Or weak), such as being too young or insane, </p><div class="text_uthmani arabic">أَوْ لاَ يَسْتَطِيعُ أَن يُمِلَّ هُوَ</div><p>(Or is unable to dictate for himself) because of a disease, or ignorance about such matters, </p><div class="text_uthmani arabic">فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ</div><p>(then let his guardian dictate in justice.) </p><h2 class="title">Witnesses Should Attend the Dictation of Contracts</h2><p>Allah said, </p><div class="text_uthmani arabic">وَاسْتَشْهِدُواْ شَهِيدَيْنِ مِّن رِّجَالِكُمْ</div><p>(And get two witnesses out of your own men) requiring witnesses to attend the dictation of contracts to further preserve the contents, </p><div class="text_uthmani arabic">فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ</div><p>(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, </p><div class="text_uthmani arabic">«يَا مَعْشَرَ النِّسَاءِ تَصَدَّقْنَ وَأَكْثِرْنَ الْاسْتِغْفَارَ، فَإِنِّي رَأَيْتُكُنَّ أَكْثَرَ أَهْلِ النَّار»</div><p>(O women! Give away charity and ask for forgiveness, for I saw that you comprise the majority of the people of the Fire.) </p><p>One eloquent woman said, "O Messenger of Allah! Why do we comprise the majority of the people of the Fire" He said, </p><div class="text_uthmani arabic">«تُكْثِرْنَ اللَّعْنَ، وَتَكْفُرْنَ الْعَشِيرَ، وَمَا رَأَيْتُ مِنْ نَاقِصَاتِ عَقْلٍ وَدِينٍ، أَغْلَبَ لِذِي لُبَ مِنْكُن»</div><p>(You curse a lot and you do not appreciate your mate. 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, </p><div class="text_uthmani arabic">«أَمَّا نُقْصَانُ عَقْلِهَا، فَشَهَادَةُ امْرَأَتَيْنِ تَعْدِلُ شَهَادَةَ رَجُلٍ، فَهَذَا نُقْصَانُ الْعَقْلِ، وَتَمْكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفْطِرُ فِي رَمَضَانَ، فَهَذَا نُقْصَانُ الدِّين»</div><p>(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. 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) </p><p>Allah's statement, </p><div class="text_uthmani arabic">مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَآءِ</div><p>(such as you agree for witnesses) requires competency in the witnesses. Further, Allah's statement, </p><div class="text_uthmani arabic">أَن تَضِلَّ إْحْدَاهُمَا</div><p>(so that if one of them errs) refers to the two women witnesses; whenever one of them forgets a part of the testimony, </p><div class="text_uthmani arabic">فَتُذَكِّرَ إِحْدَاهُمَا الاٍّخْرَى</div><p>(the other can remind her) meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman. </p><p>Allah's statement, </p><div class="text_uthmani arabic">وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ</div><p>(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, </p><div class="text_uthmani arabic">وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ</div><p>(Let not the scribe refuse to write as Allah has taught him, </p><div class="text_uthmani arabic">«أَمَّا نُقْصَانُ عَقْلِهَا، فَشَهَادَةُ امْرَأَتَيْنِ تَعْدِلُ شَهَادَةَ رَجُلٍ، فَهَذَا نُقْصَانُ الْعَقْلِ، وَتَمْكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفْطِرُ فِي رَمَضَانَ، فَهَذَا نُقْصَانُ الدِّين»</div><p>(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. 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) </p><p>Allah's statement, </p><div class="text_uthmani arabic">مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَآءِ</div><p>(such as you agree for witnesses) requires competency in the witnesses. Further, Allah's statement, </p><div class="text_uthmani arabic">أَن تَضِلَّ إْحْدَاهُمَا</div><p>(so that if one of them errs) refers to the two women witnesses; whenever one of them forgets a part of the testimony, </p><div class="text_uthmani arabic">فَتُذَكِّرَ إِحْدَاهُمَا الاٍّخْرَى</div><p>(the other can remind her) meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman. </p><p>Allah's statement, </p><div class="text_uthmani arabic">وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ</div><p>(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, </p><div class="text_uthmani arabic">وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ</div><p>(Let not the scribe refuse to write as Allah has taught him, so let him write.) </p><p>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, </p><div class="text_uthmani arabic">وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ</div><p>(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. </p><p>Allah's statement, </p><div class="text_uthmani arabic">وَلاَ تَسْـَمُواْ أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَى أَجَلِهِ</div><p>(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, </p><div class="text_uthmani arabic">وَلاَ تَسْـَمُواْ</div><p>(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, </p><div class="text_uthmani arabic">ذَلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَـدَةِ وَأَدْنَى أَلاَّ تَرْتَابُواْ</div><p>(that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves) means, writing transactions that will be fulfillled 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. </p><div class="text_uthmani arabic">وَأَدْنَى أَلاَّ تَرْتَابُواْ</div><p>(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. </p><p>Allah's statement, </p><div class="text_uthmani arabic">إِلاَ أَن تَكُونَ تِجَـرَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلاَّ تَكْتُبُوهَا</div><p>(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. </p><p>As for requiring witnesses to be present in trading transactions, Allah said, </p><div class="text_uthmani arabic">وَأَشْهِدُواْ إِذَا تَبَايَعْتُمْ</div><p>(But take witnesses whenever you make a commercial contract. ) </p><p>However, this command was abrogated by, </p><div class="text_uthmani arabic">فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ الَّذِى اؤْتُمِنَ أَمَـنَتَهُ</div><p>(Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully).) </p><p>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 ®299؛. Allah's statement, </p><div class="text_uthmani arabic">وَلاَ يُضَآرَّ كَاتِبٌ وَلاَ شَهِيدٌ</div><p>(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." </p><p>Allah's statement, </p><div class="text_uthmani arabic">وَإِن تَفْعَلُواْ فَإِنَّهُ فُسُوقٌ بِكُمْ</div><p>(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." </p><p>Allah's statement, </p><div class="text_uthmani arabic">وَاتَّقُواْ اللَّهَ</div><p>(So have Taqwa of Allah) means, fear Him, remember His watch over you, implement His command and avoid what He prohibited, </p><div class="text_uthmani arabic">وَيُعَلِّمُكُمُ اللَّهُ</div><p>(And Allah teaches you. ) Similarly, Allah said, </p><div class="text_uthmani arabic">يِـأَيُّهَا الَّذِينَ ءَامَنُواْ إَن تَتَّقُواْ اللَّهَ يَجْعَل لَّكُمْ فُرْقَانًا</div><p>(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, </p><div class="text_uthmani arabic">يأَيُّهَا الَّذِينَ ءَامَنُواْ اتَّقُواْ اللَّهَ وَءَامِنُواْ بِرَسُولِهِ يُؤْتِكُمْ كِفْلَيْنِ مِن رَّحْمَتِهِ وَيَجْعَل لَّكُمْ نُوراً تَمْشُونَ بِهِ</div><p>(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. </p><p>Allah said; </p><div class="text_uthmani arabic">وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ</div><p>(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. </p>
The Necessity of Writing Transactions That Take Effect Later onThis 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, يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَى أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ(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, ذَلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَـدَةِ وَأَدْنَى أَلاَّ تَرْتَابُواْ(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, «مَنْ أَسْلَفَ، فَلْيُسْلِفْ فِي كَيْلٍ مَعْلُومٍ، وَوَزْنٍ مَعْلُومٍ، إِلَى أَجَلٍ مَعْلُوم»(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, فَاكْتُبُوهُ(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, فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ الَّذِى اؤْتُمِنَ أَمَـنَتَهُ(Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully).) Allah's statement, وَلْيَكْتُب بَّيْنَكُم كَاتِبٌ بِالْعَدْلِ(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, وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ(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 أَنْ تُعِينَ صَانِعًا، أَوْ تَصْنَعَ لِأَخْرَق»(It is a type of charity to help a worker and to do something for a feeble person.) In another Hadith, the Prophet said, «مَنْ كَتَمَ عِلْمًا يَعْلَمُهُ، أُلْجِمَ يَوْمَ الْقِيَامَةِ بِلِجَامٍ مِنْ 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, وَلْيُمْلِلِ الَّذِى عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ 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, وَلاَ يَبْخَسْ مِنْهُ شَيْئاً(And diminish not anything of what he owes,) meaning, not hide any portion of what he owes. فَإن كَانَ الَّذِى عَلَيْهِ الْحَقُّ 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, أَوْ ضَعِيفًا(Or weak), such as being too young or insane, أَوْ لاَ يَسْتَطِيعُ أَن يُمِلَّ هُوَ(Or is unable to dictate for himself) because of a disease, or ignorance about such matters, فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ(then let his guardian dictate in justice.) Witnesses Should Attend the Dictation of ContractsAllah said, وَاسْتَشْهِدُواْ شَهِيدَيْنِ مِّن رِّجَالِكُمْ(And get two witnesses out of your own men) requiring witnesses to attend the dictation of contracts to further preserve the contents, فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ(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 مَعْشَرَ النِّسَاءِ تَصَدَّقْنَ وَأَكْثِرْنَ الْاسْتِغْفَارَ، فَإِنِّي رَأَيْتُكُنَّ أَكْثَرَ أَهْلِ النَّار»(O women! Give away charity and ask for forgiveness, for I saw 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, «تُكْثِرْنَ اللَّعْنَ، وَتَكْفُرْنَ الْعَشِيرَ، وَمَا رَأَيْتُ مِنْ نَاقِصَاتِ عَقْلٍ وَدِينٍ، أَغْلَبَ لِذِي لُبَ مِنْكُن»(You curse a lot and you do not appreciate your mate. 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 نُقْصَانُ عَقْلِهَا، فَشَهَادَةُ امْرَأَتَيْنِ تَعْدِلُ شَهَادَةَ رَجُلٍ، فَهَذَا نُقْصَانُ الْعَقْلِ، وَتَمْكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفْطِرُ فِي رَمَضَانَ، فَهَذَا نُقْصَانُ الدِّين»(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. 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 تَرْضَوْنَ مِنَ الشُّهَدَآءِ(such as you agree for witnesses) requires competency in the witnesses. Further, Allah's statement, أَن تَضِلَّ إْحْدَاهُمَا(so that if one of them errs) refers to the two women witnesses; whenever one of them forgets a part of the testimony, فَتُذَكِّرَ إِحْدَاهُمَا الاٍّخْرَى(the other can remind her) meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman. Allah's statement, وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ(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, وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ(Let not the scribe refuse to write as Allah has taught him, «أَمَّا نُقْصَانُ عَقْلِهَا، فَشَهَادَةُ امْرَأَتَيْنِ تَعْدِلُ شَهَادَةَ رَجُلٍ، فَهَذَا نُقْصَانُ الْعَقْلِ، وَتَمْكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفْطِرُ فِي رَمَضَانَ، فَهَذَا نُقْصَانُ الدِّين»(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. 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 تَرْضَوْنَ مِنَ الشُّهَدَآءِ(such as you agree for witnesses) requires competency in the witnesses. Further, Allah's statement, أَن تَضِلَّ إْحْدَاهُمَا(so that if one of them errs) refers to the two women witnesses; whenever one of them forgets a part of the testimony, فَتُذَكِّرَ إِحْدَاهُمَا الاٍّخْرَى(the other can remind her) meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman. Allah's statement, وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ(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, وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ(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, وَلاَ يَأْبَ الشُّهَدَآءُ إِذَا مَا دُعُواْ(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, وَلاَ تَسْـَمُواْ أَن تَكْتُبُوهُ صَغِيرًا أَوْ 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, وَلاَ تَسْـَمُواْ(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, ذَلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَـدَةِ وَأَدْنَى أَلاَّ تَرْتَابُواْ(that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves) means, writing transactions that will be fulfillled 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. وَأَدْنَى أَلاَّ تَرْتَابُواْ(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, إِلاَ أَن تَكُونَ تِجَـرَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلاَّ تَكْتُبُوهَا(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, وَأَشْهِدُواْ إِذَا تَبَايَعْتُمْ(But take witnesses whenever you make a commercial contract. ) However, this command was abrogated by, فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ الَّذِى اؤْتُمِنَ أَمَـنَتَهُ(Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully).) 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 ®299؛. Allah's statement, وَلاَ يُضَآرَّ كَاتِبٌ وَلاَ 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 تَفْعَلُواْ فَإِنَّهُ فُسُوقٌ بِكُمْ(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, وَاتَّقُواْ اللَّهَ(So have Taqwa of Allah) means, fear Him, remember His watch over you, implement His command and avoid what He prohibited, وَيُعَلِّمُكُمُ اللَّهُ(And Allah teaches you. ) Similarly, Allah said, يِـأَيُّهَا الَّذِينَ ءَامَنُواْ إَن تَتَّقُواْ اللَّهَ يَجْعَل لَّكُمْ فُرْقَانًا(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 ءَامَنُواْ اتَّقُواْ اللَّهَ وَءَامِنُواْ بِرَسُولِهِ يُؤْتِكُمْ كِفْلَيْنِ مِن رَّحْمَتِهِ وَيَجْعَل لَّكُمْ نُوراً تَمْشُونَ 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; وَاللَّهُ بِكُلِّ شَيْءٍ 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. 