the permissibility of dispensing with witnesses in transactions of trifling value, such as buying vegetables and the like. The evidence for this is plentiful, but what we have mentioned suffices.

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If someone asks, “Once obligation has been ruled out, why is the command understood as a recommendation rather than mere permission?” the evidence is that Allah, exalted be He, has commanded the preservation of wealth in His Book and through His Messenger, peace be upon him. He, exalted be He, says:

“Do not entrust the foolish with your wealth, which Allah has made a means of support for you.” [Al-Nisā’: 5]

The Prophet, peace be upon him, also forbade wasting wealth. Calling witnesses safeguards wealth, and this establishes that it is recommended.

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Likewise, concerning debt, Allah Most High has commanded that it be recorded in writing and witnessed. He says:

“O you who believe, when you contract a debt for a specified term, write it down.” [Al-Baqarah: 282]—to the end of the verse.

This is encouraged and recommended, not obligatory, though some scholars have held it to be obligatory.

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If we hold that this is not obligatory in either case, it nevertheless remains a right that either party to a sale or debt may demand of the other. If the other refuses, a court must rule in favour of the party requesting it, for he has the right not to entrust the other party,