(282) “O you who believe, when you contract a debt for a specified term, write it down. Let a scribe write it between you with justice. No scribe should refuse to write as Allah has taught him, so let him write. Let the debtor dictate, let him fear Allah, his Lord, and let him not diminish anything from it. If the debtor is of limited understanding, weak, or unable to dictate himself, then let his guardian dictate with justice. Call upon two of your men to serve as witnesses. If two men are not available, then one man and two women from among those you approve as witnesses, so that if one of them errs, the other may remind her. Witnesses should not refuse when they are called. Do not grow weary of writing it down, whether small or large, together with its term. That is more just in Allah’s sight, more reliable as evidence, and more likely to prevent doubt among you. But if it is an immediate transaction that you conduct among yourselves, there is no blame upon you if you do not write it down. Take witnesses when you trade, and let neither scribe nor witness suffer harm. If you do so, it is indeed disobedience on your part. Fear Allah, and Allah teaches you. Allah has full knowledge of all things.”
This is the Verse of Debt, and it is the longest verse in the Quran. It contains rulings of immense importance, benefit, and consequence.
The first is that all forms of debt transactions, including salam forward sales and others, are permissible. Allah speaks of the debt transactions conducted by the believers in a manner that affirms them and sets out their rulings, which indicates their permissibility.
The second and third are that a salam forward sale must have a term and that this term must be specified and known. It is therefore invalid if delivery is immediate or set for an unknown date.
The fourth is the command to record all debt contracts in writing, whether this is obligatory or recommended, because of the pressing need to record them. Without a written record, serious evils may arise from mistakes, forgetfulness, disputes, and quarrels.
The fifth is the command that the scribe write the contract.
The sixth is that the scribe himself must be upright for his writing to be accepted, since neither the statement nor the writing of an openly sinful person is given legal weight.
The seventh is that he must act justly between the two parties and must not favor either of them because of kinship, friendship, or anything else.
The eighth is that the scribe must know how to draft legal documents, what each party is obligated to include in them, and what makes the transaction securely documented, for justice cannot be achieved without this. This is derived from His words, “Let a scribe write it between you with justice.”
The ninth is that when a document is found in the handwriting of a person known to possess the uprightness just mentioned, it is to be acted upon even if both the scribe and the witnesses have died.
The tenth concerns His words, “No scribe should refuse to write.” That is, the person whom Allah has blessed by teaching him to write must not refuse to write for those entering into a debt transaction. Just as Allah has shown him kindness by teaching him, he should show kindness to Allah’s servants who need his writing and should not refuse to write for them.
The eleventh is the command that the scribe write only what the debtor dictates to him.
The twelfth is that the party who dictates is the one who owes the debt.
The thirteenth is the command that he state the full extent of the right he owes and not diminish any part of it.
The fourteenth is that a person’s acknowledgment against himself is accepted. Allah commanded the debtor to dictate to the scribe. Once his acknowledgment is written, its legal effect and contents—namely, what he acknowledged against himself—become established, even if he subsequently claims that he made a mistake or forgot.
The fifteenth is that when a person owes one of those rights, his statement is accepted rather than the statement of the person to whom it is owed concerning the evidence (1) as to its amount and description—whether large or small, payable immediately or deferred. Allah Most High would not have forbidden him to diminish the right he owes unless his statement concerning its amount and description were accepted.
The sixteenth is that anyone who owes a right is forbidden to diminish or detract from its amount, quality, soundness, term, or any of its other conditions and attendant details.
The seventeenth is that if a person cannot dictate the right because he is a minor, has limited understanding, is unable to speak, or for some similar reason, his guardian takes his place in dictating and acknowledging it.
The eighteenth is that the guardian is bound by the same obligation of justice and avoidance of diminution as the person who owes the right, as indicated by the words “with justice.”
The nineteenth is that the guardian must be upright, since the stipulated just dictation cannot come from an openly sinful person.
The twentieth is the affirmation of guardianship over financial matters.
The twenty-first is that the liability rests upon the minor, the person of limited understanding, the insane person, or the weak person—not upon their guardian.
The twenty-second is that the acknowledgments and transactions of minors, persons of limited understanding, the insane, the mentally impaired, and others like them are invalid. Allah assigned dictation to their guardians and granted them no part in it, out of kindness and mercy toward them and to protect their wealth from loss.
The twenty-third is that the guardian’s transactions involving the property of the persons just mentioned are valid.
The twenty-fourth is that it is prescribed for a person to learn the procedures by which parties to a debt transaction can each secure their rights against the other. The purpose is reliable documentation and justice, and whatever is indispensable to something prescribed is itself prescribed.
The twenty-fifth is that learning to write is prescribed; indeed, it is a communal obligation. Allah commanded that debts and other matters be put in writing, and this cannot be accomplished without learning to write.
The twenty-sixth is the command to call witnesses to contracts. This is recommended because its purpose is to guide legally accountable people toward what will preserve their rights and thus serves their interests. However, if the party conducting the transaction is the guardian of an orphan, the administrator of an endowment, or someone in a similar position in which preservation is obligatory, then calling the witnesses through whom the right will be preserved becomes obligatory.
The twenty-seventh is that the required number of witnesses in financial matters and the like is two men, or one man and two women. The Sunnah also indicates that the testimony of one witness is accepted together with the claimant’s oath.
The twenty-eighth is that the testimony of children is not accepted, as indicated by the use of the word “men.”
The twenty-ninth is that the testimony of women alone is not accepted in financial matters and the like, because Allah accepts them only together with a man. It may, however, be said that Allah placed two women in the position of one man because of the reason He mentioned, and that reason exists whether they testify alongside a man or independently. Allah knows best.
The thirtieth is that the testimony of an adult slave is accepted just as the testimony of a free man is, based on the general meaning of His words, “Call upon two of your men to serve as witnesses,” for an adult slave is one of our men.
The thirty-first is that the testimony of disbelievers, whether men or women, is not accepted, because they are not from among us and because testimony is founded upon uprightness, which a disbeliever does not possess.
The thirty-second is that this indicates the superiority of the man over the woman, and that one man corresponds to two women because his retention is stronger and hers is deficient.
The thirty-third is that if a person forgets his testimony and is then reminded of it and recalls it, his testimony is accepted, as indicated by His words, “The other may remind her.”
The thirty-fourth is that the meaning indicates that if a witness fears forgetting his testimony concerning obligatory rights, he must write it down, because whatever is indispensable to fulfilling an obligation is itself obligatory.
The thirty-fifth is that when a witness is called to testify and has no valid excuse, he must respond and may not refuse, as indicated by His words, “Witnesses should not refuse when they are called.”
The thirty-sixth is that a person who does not possess the qualifications required of witnesses whose testimony is accepted is not obliged to respond, because his testimony would be of no benefit and he is not among the witnesses meant here.
The thirty-seventh is the prohibition against becoming weary or annoyed at recording every debt, whether small or large, its term, and all the conditions and restrictions contained in the contract.
The thirty-eighth is an explanation of the wisdom behind prescribing written records and witnesses for contracts: it is “more just in Allah’s sight, more reliable as evidence, and more likely to prevent doubt among you.” These measures embody the justice upon which the sound order of both people and lands depends. Testimony accompanied by a written record is more reliable and complete, and further removed from doubt, uncertainty, dispute, and quarrelling.
The thirty-ninth is that it may be inferred from this that if a witness is uncertain or doubtful about his testimony, he may not offer it; rather, he must be certain.
The fortieth concerns His words, “But if it is an immediate transaction that you conduct among yourselves, there is no blame upon you if you do not write it down.” This grants a concession not to record a transaction in which present goods are exchanged for immediate payment, since the need for writing is not as pressing.
The forty-first is that although a concession has been granted not to put immediate transactions in writing, it remains prescribed to call witnesses, as indicated by His words, “Take witnesses when you trade.”
The forty-second is the prohibition against causing harm to the scribe by summoning him while he is occupied or at a time when doing so would cause him hardship.
The forty-third is likewise the prohibition against causing harm to the witness by calling upon him to undertake or deliver testimony while he is ill, occupied with something from which it would be difficult to withdraw, or in any similar circumstance. This is based on reading His words, “Let neither scribe nor witness suffer harm,” in the passive voice.
If they are read in the active voice, they prohibit the witness and the scribe from harming the person entitled to the right by refusing to assist, demanding an onerous fee, or the like. These two interpretations constitute the forty-fourth and forty-fifth rulings.
The forty-sixth is that committing these prohibited acts is among the characteristics of sinful disobedience, as indicated by His words, “If you do so, it is indeed disobedience on your part.”
The forty-seventh is that qualities such as sinful disobedience, faith, hypocrisy, enmity, loyalty, and the like may exist in a person by degrees. Thus, an element of sinful disobedience may exist in him alongside other qualities, just as elements of faith and disbelief may exist in him. This is indicated by His words, “It is indeed disobedience on your part.” He did not say, “Then you are openly sinful people,” or, “You are sinners.”
The forty-eighth—which properly should have appeared earlier because the passage from which it is derived occurs earlier—is that uprightness is a condition for a witness, as indicated by His words, “From among those you approve as witnesses.”
The forty-ninth is that the standard of uprightness is determined by prevailing custom in every place and time. The testimony of anyone considered satisfactory and reputable by the people is therefore accepted.
The fiftieth is that it may be inferred from the verse that the testimony of a person whose uprightness is unknown is not accepted until he has been duly accredited.
These are among the rulings that may be derived from this noble verse in accordance with present circumstances and limited understanding. Yet Allah has wisdoms and mysteries in His words that He grants especially to whomever He wills among His servants.
And His saying: