This is one of the rulings whose application is contingent upon the fulfillment of its conditions and the absence of its impediments. Like the other verses of warning, it affords no proof for the Kharijites.
It is therefore obligatory to affirm all the texts of the Quran and sunnah. A servant must believe what the texts have established through recurrent transmission: that anyone whose heart contains even the least weight of a mustard seed of faith will be brought out of the Fire, and that these ruinous sins render a person deserving of entering the Fire if he does not repent of them.
﴿276﴾ Allah Most High then informs us that He obliterates the earnings of those who engage in usury and causes the charities of those who spend to grow. This is contrary to what readily occurs to many people: that spending diminishes wealth while usury increases it. Yet the source of provision and the attainment of its fruits are from Allah Most High, and what is with Allah can be attained only by obeying Him and complying with His command.
Thus, He punishes anyone who dares to engage in usury with the opposite of what he seeks. This is borne out by experience: “And who is more truthful in speech than Allah?”
“Allah does not love any persistently disbelieving sinner.” This is one who is ungrateful for Allah’s blessing, denies his Lord’s favor, and sins by persisting in disobedience.
The verse also implies that Allah loves those who are grateful for His blessings and repent of their misdeeds and sins.
﴿277﴾ Allah then placed this verse amid the verses concerning usury: “Indeed, those who believe, perform righteous deeds, establish prayer, and give zakat”—to the end of the verse. This explains that among the greatest causes for avoiding the usurious earnings Allah has forbidden are perfecting one’s faith and fulfilling its rights, especially establishing prayer and giving zakat. Prayer restrains from indecency and wrongdoing, while zakat is an act of kindness toward people and is incompatible with engaging in usury, which wrongs and harms them.
﴿278﴾ Allah then addressed the believers directly, commanding them to fear Him and relinquish whatever remained of the usurious transactions in which they had previously engaged. If they did not do so, they would be at war with Allah and His Messenger. This is among the clearest indications of the heinousness of usury, for Allah has deemed anyone who persists in it to be at war with Allah and His Messenger.
﴿279﴾ He then says: “But if you repent,” meaning from usurious transactions,
“you may retain your principal sums, neither wronging” people by taking usury from them “nor being wronged” through any reduction of your principal sums.
Thus, anyone who repents of usury may retain what has already passed from previous transactions, and his affair rests with Allah. If transactions remain outstanding, however, he must restrict himself to his principal. If he takes anything in excess, he has audaciously engaged in usury.
This verse makes clear the reason for the ruling on usury: it involves wronging those in need by taking an additional amount from them and repeatedly compounding the usury against them, whereas they ought to be granted respite.
﴿280﴾ Hence He says: “If someone is in hardship, grant him respite until a time of ease.” That is, if the debtor is in straitened circumstances and unable to repay, his creditor must grant him respite until he is able to do so.
Once the debtor acquires the means of repayment through any lawful avenue, he must repay what he owes.
If his creditor gives it to him as charity by waiving all or part of the debt, that is better for the creditor. What makes it easier for a servant to adhere to the commands of the Sacred Law, avoid usurious transactions, and show kindness to debtors in hardship is his knowledge that a Day awaits him when he will return to Allah, who will recompense him fully for his deeds and will not wrong him by so much as an atom’s weight. Allah therefore concludes these verses by saying:
﴿281﴾ “Fear a Day when you will be returned to Allah. Then every soul will be repaid in full for what it earned, and they will not be wronged.”
﴿282–283﴾ Allah Most High then says: “O you who believe, when you contract a debt for a stated term, write it down. Let a scribe write it down justly between you, and let no scribe refuse to write as Allah has taught him. So let him write, and let the debtor dictate. Let him fear Allah, his Lord, and not diminish anything from the debt. If the debtor is deficient in judgment, weak, or unable to dictate himself, then let his guardian dictate justly. Call upon two of your men 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 the women errs, the other may remind her. The witnesses must not refuse when they are summoned. Do not tire of writing down the debt, whether small or large, together with its term. That is more equitable in the sight of Allah, more reliable for testimony, and more likely to prevent you from having doubts—unless it is an immediate transaction that you conduct among yourselves, in which case there is no blame upon you if you do not write it down. Take witnesses whenever you enter into a sale, and let neither scribe nor witness be subjected to harm. If you do so, it is indeed disobedience on your part. Fear Allah; Allah teaches you, and Allah has full knowledge of all things. * If you are traveling and cannot find a scribe, then let collateral be taken into possession. But if some of you trust others, then let the one who has been entrusted discharge his trust, and let him fear Allah, his Lord. Do not conceal testimony. Whoever conceals it has a sinful heart, and Allah is All-Aware of what you do.”
These two verses contain the Creator’s guidance to His servants concerning their transactions. He directs them to safeguard their rights through beneficial means and sound measures, beyond which people of sound reason could propose nothing superior or more complete. They contain many benefits.
One is the permissibility of transactions involving debts, whether they are debts arising from salam (advance-payment) sales or from purchases whose price is deferred. All of these are permissible, for Allah speaks of believers engaging in them, and whatever He states of the believers is among the implications of faith. The Sovereign Judge has approved it for them.
Another is the obligation to specify the term in all debt transactions, as well as the duration of leases.
Another is that if the term is unknown, the transaction is impermissible because it entails uncertainty and risk and thus falls under gambling.
Another is Allah Most High’s command to record debts in writing.
This command may be obligatory when safeguarding the right is obligatory, such as property over which a person exercises a fiduciary responsibility, including the property of orphans, endowments, and property administered by agents and trustees. It may also approach the level of obligation when the right belongs exclusively to the individual. Depending on the circumstances, either obligation or recommendation may be more strongly indicated.
In every case, writing is among the most effective means of safeguarding deferred transactions, because forgetfulness is common, misleading claims and disputes arise, and precautions must be taken against dishonest people who do not fear Allah Most High.
Another is Allah Most High’s command that the scribe write justly between the transacting parties. He must not favor either party because of kinship or any other consideration, nor act against either of them because of enmity or the like.
Another is that drawing up documents between transacting parties is among the best deeds and is an act of kindness to both of them. It safeguards their rights and clears them of liability, as Allah has commanded the scribe to do. The scribe should therefore seek Allah’s reward when providing these services to people, so that he may obtain their reward.
Another is that the scribe must understand justice and be known for uprightness. If he does not understand what justice requires, he will be unable to uphold it; and if people do not regard him as upright and trustworthy, his writing will carry no weight and will not fulfill its intended purpose of safeguarding rights.