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Tafsir Surah Al-Baqarah: The Cow - Verse 282

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنتُم بِدَيْنٍ إِلَى أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌ بِالْعَدْلِ وَلَا يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ رَبَّهُ وَلَا يَبْخَسْ مِنْهُ شَيْئًا فَإِن كَانَ الَّذِي عَلَيْهِ الْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَن يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ وَاسْتَشْهِدُوا شَهِيدَيْنِ مِن رِّجَالِكُمْ فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَاءِ أَن تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَى وَلَا يَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا وَلَا تَسْأَمُوا أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَى أَجَلِهِ ذَلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَادَةِ وَأَدْنَى أَلَّا تَرْتَابُوا إِلَّا أَن تَكُونَ تِجَارَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا وَأَشْهِدُوا إِذَا تَبَايَعْتُمْ وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ وَإِن تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ وَاتَّقُوا اللَّهَ وَيُعَلِّمُكُمُ اللَّهُ وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ



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Session 308

Chapter 2

Verse 282

You who believe, when you contract a debt for a stated term, put it down in writing: have a scribe write it down justly between you. No scribe should refuse to write: let him write as God has taught him, let the debtor dictate, and let him fear God, his Lord, and not diminish the debt at all. If the debtor is feeble-minded, weak, or unable to dictate, then let his guardian dictate justly. Call in two men as witnesses. If two men are not there, then call one man and two women out of those you approve as witnesses, so that if one of the two women should forget the other can remind her. Let the witnesses not refuse when they are summoned. Do not disdain to write the debt down, be it small or large, along with the time it falls due: this way is more equitable in God’s eyes, more reliable as testimony, and more likely to prevent doubts arising between you. But if the merchandise is there and you hand it over, there is no blame on you if you do not write it down. Have witnesses present whenever you trade with one another, and let no harm be done to either scribe or witness, for if you did cause them harm, it would be deviancy on your part. Be mindful of God, and He will teach you: He has full knowledge of everything. (Chapter 2: Verse 282)

             This is the longest verse in the entire Quran.  It starts with the phrase: ‘You who believe’ informing the believers that a command or prohibition is to follow.  Why? Because our faith in God is the main reason we –as believers- follow His commands and prohibitions.  Allah does not issue any commands to non-believers.  He only invites them to faith.  But once you freely accept faith, then you should follow what God commands you to do, even when you do not fully understand the wisdom behind the command. 

Take the example of a man who is diagnosed with cancer.  He is free to use his intellect to research the best doctor and hospital for his treatment.  However, once he chooses a doctor and entrusts him or her to treat the disease, he would follow the doctor’s orders even if some of them do not make sense.  If the doctor orders the man not to drink any orange juice, then the man should not drink any because the command came from his trusted doctor.  If the man argues and wants to know the exact reason behind each and every doctor’s order, then he has no faith in his doctor.  The only person who can argue with the doctor is someone who holds the same medical degree.

Here we ask: Do you have full faith in your Lord? Do you have the same level of knowledge and wisdom as your Lord?  Your belief and trust in Allah should be more than enough reason to follow each and every command.  Allah is the All-Wise; He is free of any need.  He only commands what is best for you.  We follow our Lord’s commands, and often come to appreciate their true benefits months or years later. 

So what is God’s command in this verse?  He says: ‘You who believe, when you contract a debt for a stated term, put it down in writing.’  Take note of the phrase ‘stated term,’ wouldn’t it have been enough to say ‘when you contract a debt for a term’?  We answer that Allah wants to emphasize the importance of specifying a term.  For example, you may lend someone money and say to him or her: pay me back when your father returns from his trip.  But this leaves much to chance.  What if the father extends his trip? What if he dies abroad and never comes back?  The terms of the contract become vague.  Allah wants clarity, not ambiguity.  It is more proper to state a term on a specific date and time. 

The phrase ‘put it down in writing’ is meant to ease social pressures.  For example if you lend your cousin some money and she says: ‘we are family, we don’t have to write this down.’  You may feel pressured not to write.  But when the command comes from God, it helps to alleviate all these pressures.  What if your cousin dies? Do her heirs know about the loan? They have to take your word.  Life is easier when things are properly documented. 

Many people assume that writing the terms of a debt down is specifically designed to protect the lender.  We answer that this is not true.  In fact, regulating lending is designed to protect the weak and needy.  How, you may ask? We answer that writing the debt down puts pressure on the borrower to pay back on time.  That, in turn, allows the borrower to have access to money again when a need arises.  If the borrower does not pay the initial debt back, then no one will lend him or her again.  In fact, if a wealthy lender loses money once because of a deadbeat borrower, he or she may not lend anyone again.  The entire society suffers.  By regulating the debt contract, Allah assures that the poor can find help when they need it.  He says: ‘You who believe, when you contract a debt for a stated term, put it down in writing.’

But who writes the contract? The lender or the borrower? Neither.  Allah answers: ‘have a scribe write it down justly between you. No scribe should refuse to write’  Look at the wisdom of God’s teachings: By having a third party, who has no vested interest in either the lender or the borrower write the contract, Allah protects the interest of both parties.  Allah makes it a duty for any person who knows how to write a contract to do so without hesitation.  If a person who can write is present, he or she should volunteer to write even if he or she is not asked.  This ensures that God’s teachings are followed properly leaving no room for ambiguity.  If you are riding in a car, and the driver falls asleep, would you take over immediately?  Of course.  You would not leave things to chance hoping that it will work out.

We should learn from the example of our beloved prophet Joseph.  Listen to the following verses: 

Joseph said, ‘You will sow for seven consecutive years as usual. Store all that you reap, left in the ear, apart from the little you eat.  After that will come seven years of hardship which will consume all but a little of what you stored up for them (12:47, 48)

There was a national emergency of drought and famine in Egypt.  Joseph had the knowledge and experience to manage such a situation.  He, peace be upon him, did not leave such a critical issue to chance, so he volunteered to take the job as the following verses show:

The king said, ‘Bring him to me: I will have him serve me personally,’ and then, once he had spoken with him, ‘From now on you will have our trust and favour.’  Joseph said, ‘Put me in charge of the nation’s storehouses: I shall manage them prudently and carefully.’ (12:54, 55)

Likewise, when a matter as important as a loan arises, a competent writer should volunteer to put things into a contract, even if he or she is not asked.  God says: ‘have a scribe write it down justly between you. No scribe should refuse to write: let him write as God has taught him.’