Another is that completeness and fairness in documentation require the scribe to be proficient in drafting and to use the recognized wording appropriate to each type of transaction. Custom carries great weight in this regard.
Another is that writing is among Allah’s blessings upon His servants, without which neither their religious nor their worldly affairs can be properly conducted. Allah has bestowed an immense favor upon anyone whom He has taught to write. Perfect gratitude for this blessing therefore requires that he use his writing to meet people’s needs and not refuse to write. Hence He says: “Let no scribe refuse to write as Allah has taught him.”
Another is that what the scribe records constitutes an acknowledgment by the person who bears the obligation, provided that he can properly express what he owes. If he cannot do so—because he is a minor, deficient in judgment, insane, mute, or otherwise incapable—his guardian must dictate on his behalf, taking his place in this matter.
Another is that acknowledgment is among the strongest means by which rights are established, for Allah Most High commanded the scribe to record what the person bearing the obligation dictates to him.
Another is the establishment of guardianship over those lacking legal capacity, such as minors, the insane, those deficient in judgment, and others like them.
Another is that a guardian takes the place of his ward in all acknowledgments pertaining to the ward’s rights.
Another is that when you entrust someone with a transaction and delegate it to him, his statement concerning it is accepted and he acts as your representative. If the guardian of those lacking legal capacity acts on their behalf, then someone whom you voluntarily appoint and to whom you delegate the matter has an even greater claim that his statement be accepted and recognized, and preferred over yours in the event of a dispute.
Another is that when the person bearing the obligation dictates to the scribe, he must fear Allah and not diminish what he owes, whether in its amount, description, any of its conditions, or any of its qualifications. Rather, he must acknowledge everything connected with the right owed by him, just as this is required when the right belongs to him and is owed by another. Whoever fails to do so is among those who give short measure and deprive others of their due.
Another is the obligation to acknowledge both apparent and hidden rights. This is among the greatest qualities of fearing Allah, whereas failing to acknowledge them either negates or diminishes such fear.
Another is the instruction to take witnesses to a sale. If the transaction involves debt, witnessing it is subject to the same ruling previously mentioned for writing, since a written document is a written record of testimony. If it is an immediate sale, witnesses should be taken, but there is no blame in omitting a written record because such transactions are frequent and recording them would cause hardship.
Another is the instruction to call two upright men as witnesses. If that is impossible, unavailable, or difficult, then one man and two women are to be called. This applies to all transactions, including spot sales, credit sales, and their attendant conditions, securities, and other matters.
If it is objected that the Prophet (peace and blessings be upon him) is authentically reported to have ruled on the basis of one witness together with an oath, whereas the noble verse mentions only the testimony of two men or one man and two women, the answer is that the noble verse contains the Creator’s guidance to His servants on safeguarding their rights. He therefore mentions the most complete and strongest means of doing so. Nothing in it contradicts the Prophet’s ruling on the basis of one witness and an oath.
In the initial safeguarding of rights, a person is instructed to take full precautions and exercise complete care. In adjudicating between disputing parties, however, consideration is given to the factors that lend greater weight to a claim and to the evidence, according to their circumstances.
Another is that the testimony of two women takes the place of that of one man in worldly rights. In religious matters, however—such as hadith transmission and issuing fatwas—a woman takes the place of a man. The distinction between the two areas is evident.
Another is the indication of the wisdom behind making the testimony of two women equivalent to that of one man: a woman’s memory is generally weaker, whereas a man’s retention is stronger.
Another is that if a witness forgets his testimony and the other witness reminds him, whereupon he remembers it, that lapse of memory does no harm once it has been remedied by the reminder. This is indicated by His words: “So that if one of the women errs, the other may remind her.” All the more so is this true if a witness forgets and then remembers without being reminded, for testimony rests upon knowledge and certainty.
Another is that testimony must be based on knowledge and certainty, not doubt. Whenever a witness becomes uncertain about his testimony—even if he considers it more likely to be true—he may testify only to what he knows.
Another is that a witness may not refuse when summoned to testify, whether he is called to witness a transaction or to give testimony. Fulfilling the duty of testimony is among the finest righteous deeds, as Allah has commanded it and informed us of its benefits and advantages.
Another is that neither the scribe nor the witness may be harmed by being summoned at a time or under circumstances that would cause them harm.
Just as this prohibits rights-holders and transacting parties from harming witnesses and scribes, it also prohibits the scribe and witness from harming the transacting parties or either one of them.
This also indicates that if writing or testifying would cause harm to the scribe or witness, the obligation is waived for them.
It further draws attention to the fact that no one who does good or performs a kindness may lawfully be harmed or burdened with what he cannot bear: “Is the reward for goodness anything but goodness?”
Likewise, anyone who does good and performs a kindness must perfect his kindness by refraining from causing verbal or physical harm to the person whom he has benefited, for kindness is complete only through this.
Another is that it is impermissible to accept payment for writing or testifying when either is obligatory, because it is a duty Allah has imposed upon the scribe and the witness, and because doing so would harm the transacting parties.
Another is the indication of the benefits and advantages arising from adherence to these sublime instructions: they preserve rights, uphold justice, put an end to disputes, and protect against forgetfulness and inattention. Hence He says: “That is more equitable in the sight of Allah, more reliable for testimony, and more likely to prevent you from having doubts.” These are essential interests for Allah’s servants.
Another is that learning to write is a religiously important pursuit because it is a means of safeguarding both religion and worldly affairs and a means of doing good.
Another is that when Allah singles someone out for a blessing that people need, perfect gratitude for that blessing requires him to use it for the benefit of Allah’s servants and to meet their needs. Allah explains His prohibition against refusing to write by reminding the scribe: “As Allah has taught him.” Moreover, whoever attends to his brother’s need, Allah will attend to his need.
Another is that harming witnesses and scribes constitutes disobedience in a person, for disobedience means departing from obedience to Allah and turning to disobedience. It increases and decreases and may be present only in part. This is why He did not say, “Then you are transgressors,” or, “You are defiantly disobedient.” Rather, He said: “Then it is indeed