LESSON # 321 FROM HOLY QUR’AN
Orders For Witness
BAQARAH – 2 (The Cow)
Verse –282 of 286, Section –39 (Part – 3)
|O ye who believe! When ye contract a debt for a fixed term, record it in writing. Let a scribe record it in writing between you in (terms of) equity. No scribe should refuse to write as Allah hath taught him, so let him write, and let him who incurreth the debt dictate, and let him observe his duty to Allah his Lord, and diminish naught thereof. But if he who oweth the debt is of low understanding, or weak, or unable himself to dictate, then let the guardian of his interests dictate in (terms of) equity. And call to witness, from among your men, two witnesses. And if two men be not (at hand) then a man and two women, of such as ye approve as witnesses, so that if the one of the two erreth (through forgetfulness) the other will remember. And the witnesses must not refuse when they are summoned. Be not averse to writing down (the contract) whether it be small or great, with (record of) the term thereof. That is more equitable in the sight of Allah and more sure for testimony, and the best way of avoiding doubt between you; save only in the case when it is actual merchandise which ye transfer among yourselves from hand to hand. In that case it is no sin for you if ye write it not. And have witnesses when ye sell one to another, and let no harm be done to scribe or witness. If ye do (harm to them) lo! It is a sin in you. And observe your duty to Allah. And Allah is teaching you. And Allah is Knower of all things.||
Yaaa- ‘ayyuhallaziina ‘aa-manuuu ‘izaa tadaa-yantum-bi-daynin ‘ilaaa ‘ajalim-musam-man- faktubuuh. Wal-yaktub- baynakum kaatibum- bil- ‘adl. Wa laa ya’-ba kaatibun ‘any-yaktuba kamaa ‘allama-hullaahu fal-yaktub. Wal- yumli-lillazii ‘alayhil-haqqu wal-yattaqil-laaha Rabbahuu wa laa yab-khas minhu shay- ‘aa. Fa- ‘in- kaanallazii ‘alayhil-haqqu safii-han ‘aw za- ‘iifan ‘aw laa yas-tatii- ‘u ‘any-yumilla huwa fal-yumlil waliyyuhuu bil- ‘adl. Wastash-hiduu shahii-dayni mir-rijaalikum. Fa- ‘illam ya-kuunaa rajulayni fa-rajulunw-wamra- ‘ataani mimman- tarzaw-na minash-shuhadaaa-‘i ‘an-tazilla ‘ih-daahumaa fatuzak-kira ‘ih-daahumal- ‘ukhraa. Wa laa ya’-bash-shuhadaaa-‘u ‘izaa maa du-‘uu. Wa laa tas-‘amuuu ‘an taktubuuhu sagii-ran ‘aw kabiiran ‘illaaa ‘ajalih. Zaalikum ‘aqsatu ‘indallaahi wa ‘aqwamu lish-shahaadati wa ‘adnaaa ‘allaa tartaabuuu ‘illaaa ‘an-takuuna tijaaratan haaziratan- tudiiruunahaa baynakum fa-laysa ’alaykum junaahun ‘allaa tak-tubuuhaa. Wa ‘ash-hiduuu ‘izaa tabaaya’-tum. Wa laa yu-zaaarra kaatibunw-wa laa shahiid. Wa ‘in-taf-‘aluu fa- ‘innahuu fusuuqum-bikum. Wattaqullaah. Wa yu- ‘allimu-kumullah. Wallaahu bi-kulli shay- ‘in ‘Aliim.
Daynun – (a debt), in the Arabic language daynunis called the matter in which the payment in exchange is not made at the spot.
‘ilaaa ‘ajalim-musam-man – (for a fixed term), the doctors of religious law have taken point from it that the term (date and time of returningthe amount) of debt should be fixed and very clear. It should not remain in doubt.
At first Holy Qur’an described the orders regarding excellence of alms and charity, then interest, its prohibition and badness. Now it is mentioned about debt and such merchandise in which there is a promise of any particular term. Possibility to forgetfulness, error and omission remains always. So, such matters should be written and governed, that anyone may not reach the point of quarrel. The scriber should not fall short in writing. It is more suitable if the indebted person writes with his own hand or tells to the scriber with his own tongue and he should tell without increase or decrease of other’s right. If he who owes the debt is of low understanding, or weak, or unable himself to dictate, then let the guardian of his interests dictate in (terms of) equity.
This verse is the longest one in the Holy Qur’an. After telling the matters of debt to be in writing, now it commands, “Call to witness, from among your men, two witnesses besides being reduced to writing the agreement”. If two men be not (at hand) then a man and two women, of such as you approve as witnesses, so that if the one of the two errs (through forgetfulness) the other will remember her. Along with this, the witnesses are being instructed that they must not refuse when they are summoned, because it is sin.
To bring the statement in writing it is emphasized, “Be neither averse nor delay to write down (the contract) whether it be small or great, with (record of) the term thereof. It is universal truth that the demands of soundness and equity cannot be completed without it.
‘aqsatu – (more equitable), this word has been derived from Qist, which means equity, justice. From this is the word Muqsitun, that is Adjective of Allah Almighty, which means A Judge.
‘aqwamu– (Who keeps More Extent), the words Qiyaamun, Qawwaamun and Qayyimun etc have come out from its essence. ‘aqwamumeans Who keeps every thing proper (best of all).
tijaaratan haaziratan– (the merchandise which you transfer among yourselves from hand to hand). That is to say; it would not be on debt or promises, but it would be hand-to-hand. In that case, it is no sin for you if you do not write it.
Like this, it is also necessary for the scriber and witnesses that they should act according to justice; they should not try to harm someone. Otherwise, they will be sinners.
Transliteration in Roman Script & English Translation of Holy Qur’an written by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazar, Lahore and Lesson collected from Dars e Qur’an published By Idara Islah wa Tableegh, Lahore (translated by Muhammad Sharif)