as an emphasis, as in His saying, “Nor is there any bird that flies with its two wings” (al-An‘am 6:38).
“Until a specified term”: a term is a period whose beginning and end are known. A stipulated term is binding with respect to the price in a sale and in an advance sale, such that the person entitled to payment may not demand it before it falls due. In the case of a loan, however, the term is not binding according to most scholars.
“So write it down”: that is, write down the transaction entered into on credit, whether it is a sale, an advance sale, or a loan.
They differed concerning this writing. Some held that it is obligatory, while the majority held that it is a recommendation: if it is omitted, there is no sin, as in His saying, “When the prayer has concluded, disperse through the land” (al-Jumu‘ah 62:10). Some said that recording debts, calling witnesses, and taking a pledge were initially obligatory, but all of this was abrogated by His saying, “Then let the one entrusted discharge his trust.” This was the view of al-Sha‘bi.
He then explained how the document should be written, saying—exalted is His mention—“Let a scribe write it down between you”: that is, let a scribe write the debt document between the claimant and the debtor. “Fairly”: that is, truthfully, without addition or omission, and without bringing the due date forward or postponing it. “Let no scribe refuse”: that is, let no scribe decline to write. They differed as to whether writing is obligatory upon the scribe and undertaking testimony upon the witness. Some held that both are obligatory when they are requested; this was the view of Mujahid. Al-Hasan said that it becomes obligatory if there is no other scribe. Others said that it is encouraged and recommended. Al-Dahhak said that it was a binding obligation upon the scribe and witness, then was abrogated by His saying, “Let no scribe or witness be harmed.”
“As Allah has taught him”: that is, as Allah has prescribed and commanded him. “So let him write, and let the one upon whom the obligation rests dictate”: that is, the debtor should acknowledge the obligation against himself verbally, so that what he owes may be known. Both imlāl and imlā’ are eloquent Arabic forms with the same meaning, and both occur in the Quran. Imlāl occurs here, while imlā’ occurs in His saying, “They are dictated to him morning and evening” (al-Furqan 25:5). “Let him fear Allah, his Lord”: this refers to the one dictating. “And not diminish anything from it”: that is, let him not reduce anything from the obligation he owes.
“If the one upon whom the obligation rests is of limited understanding”: that is, ignorant of how to dictate, according to Mujahid. Al-Dahhak and al-Suddi said: a young child. Al-Shafi‘i, may Allah have mercy on him, said: “The person of limited understanding is one who squanders and mismanages his wealth, or his religion.”
His saying, “Or weak”: that is, an elderly man. It was also said that it refers to one weak in intellect due to senility or insanity. “Or unable to dictate himself”: because of muteness, inability to articulate, a foreign tongue, imprisonment, absence that prevents him from attending before the scribe, or ignorance of what is due to him and what he owes. “Then let his guardian dictate fairly”: that is, the one responsible for his affairs, truthfully and justly. Ibn Abbas, may Allah be pleased with him, and Muqatil said that by “guardian” He means the person entitled to the debt. That is, if the one upon whom the obligation rests is unable to dictate, then the person entitled to the debt—the creditor—should dictate fairly, because he