• In the verse on debt (2:282) there are, in addition to what has already been discussed, several further points of benefit:
• First, the directive to put transactions in writing, to bring witnesses, and to appoint a scribe who is upright, proficient in writing, and aware of what must be recorded. According to the majority of jurists, this directive is recommended rather than obligatory—except when safeguarding the wealth depends on it, as with a deferred debt or property not yet delivered. In such cases preservation is impossible without documentation, and whatever is indispensable for fulfilling an obligation itself becomes obligatory.
• Second, the scribe must write only what the debtor dictates if he is of sound judgment; otherwise, his guardian dictates—such as in the case of a madman, a minor, or a prodigal. The creditor, for his part, must acknowledge the full amount without withholding or diminishing anything, whether in quantity or in description.
The verse thus shows that an explicit admission is one of the strongest means by which rights become established against a person’s liability. It also shows how a liability already burdened with rights is cleared when the claimant acknowledges receipt of payment or grants a valid discharge. Anyone who makes such an admission is not excused later by claiming error, falsehood, or the like.
• Third, the verse guides the safeguarding of rights through witnessing, writing, and pledging collateral whenever needed, whether one is traveling or not. The required quorum for testimony in every sort of transaction—contracts, annulments, confirmations, stipulations, discharges, and the like—is two trustworthy men if available; otherwise, one man and two women. The Sunnah has further established that the testimony of a single witness together with the oath of the claimant is acceptable.
• Fourth, the testimony of the openly impious or the unknown is inadmissible; credibility rests with those whom people deem reliable and whose integrity they recognize.
• Fifth, the testimony of two women substitutes for that of one man, because a man’s retention and strength of memory are normally more complete, as indicated in His words: “so that if one of them should forget, the other may remind her” (Qur’an 2:282).