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Tafsir Surah Al-Baqarah: The Cow - Verse 282..........Part 5

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 312

Chapter 2

Verse 283

If you are on a journey, and cannot find a scribe, something should be handed over as security, but if you decide to trust one another, then let the one who is trusted fulfill his trust; let him be mindful of God, his Lord. Do not conceal your testimony: anyone who does so has a sinful heart, and God is fully aware of everything you do. (Chapter 2: Verse 283)

As you well know, travelling is the opposite of being a resident.  When you are on a trip, things are not readily available.  You are not as familiar with your surroundings as you are in your hometown.  If you fall into trouble, who will lend you money? None of your friends are around.  Who can you trust? More importantly, who would trust you? Can you find someone to write a loan contract? Can you get witnesses that you trust? God gives you the answer.  He says: “If you are on a journey, and cannot find a scribe, something should be handed over as security.”  Note that Allah wants to guarantee the rights of all parties under all circumstances.  In a loan contract, collateral should be handed over during travel where a scribe and witnesses are hard to come by. 

Yet, Allah, the All-Merciful, allows room for kindness and trust.  He says: “but if you decide to trust one another, then let the one who is trusted fulfill his trust.”  Allah wants generosity and altruism to rise above obligation.  If both the lender and borrower trust one another, then the obligations of a scribe and witnesses can be bypassed. 

Most people assume that when it comes to trust, it is the borrower who is in doubt and has to be trusted.  We answer: No, there are two issues to consider.  The first is the actual debt, and the second is the security deposit, which is held against the debt.  Hence, one party is entrusted with the security, while the other is entrusted with the debt.  When we rise to this level in our dealings, it is not the scribe or witnesses that are the guardians of the transaction; it is the faith within the lender’s and borrower’s hearts.  Each person holds him or herself accountable. 

Here, many questions come to mind.  Can you trust all people? Do you know what’s in my heart? Can you guarantee life’s circumstances?  The simple answer is No.  I want to direct your attention to a very critical point: there is a big difference between trust at the time of bearing the responsibility, and at the time of performing the duty of the responsibility.  I will explain with an example.  A friend may come and ask: “I have ten thousand dollars; can I trust you keep it safe until I come back from my studies?  I will be going overseas for four years.”  This is what we call ‘Amanah.’  It means that there is no written record or witnesses.  It is a matter of trust between two people.  Your friend is counting on trust and your faith to safeguard his savings.  You may accept the responsibility and have full intention to safeguard your friend’s money.  But life is not predictable.  What if, during the next two years, you fall on hard times, and need money for a critical medical operation for your child? You may feel the need to spend some of your friend’s money to save your child’s life.  Would you tell your friend? Or would you procrastinate in giving the money back?  That is the difference between bearing the responsibility of trust and fulfilling the responsibility of trust.   

The issue of trust and bearing responsibility is not specific to this verse, or to financial dealings.  It is a common pitfall for all human beings.  In fact, this very issue has to do with the origin of our humanity as trustees in the universe.  God says:

We offered the Trust to the heavens, the earth, and the mountains, yet they refused to undertake it and were afraid of it; humankind undertook it- they have always been unjust and ignorant. (33:72)

The entire universe feared to bear the trust of free will.  It understood the difference between bearing the responsibility of faith and fulfilling that responsibility.  No one can guarantee to properly fulfil the trust when the time comes.  Hence, the universe declined God’s offer and chose to keep its will in the hands of God the Creator.  What is the result? A universe performing its duties as God intended; working like clockwork.  There is, however, one exception: humankind.  Man accepted the trust and thought: ‘I am intelligent, I will always choose what is best between alternatives.’ Look around you, where does corruption come from? It comes from the places where people had interfered in nature.  

Always remember: You may be strong at the moment of bearing the trust, but what about at the time of fulfillment? God says: ‘humankind undertook it- they have always been unjust and ignorant.’  If you commit yourself to something and do not do it properly, you have wronged yourself.  It is unjust.  Similarly, if you commit yourself to something without fully appreciating the time and effort it will take to fulfill, then you are ignorant.

This brings us back to the verse, more specifically, to the issue of trust and responsibility in loan dealings.  Allah gave you the option to forgo documenting a loan and rely on trust.  But remember: you and your circumstances are subject to change.  Thus, I remind you of God’s words.  He says in the 282nd verse of ‘The Cow:’ ‘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.’   Documenting the loan transaction in writing is a great opportunity for all parties to protect themselves against weakness at the time of fulfillment.  It is the perfect tool to assure the rights of both parties and to protect them against the ever-changing circumstances of life.  Allah wants you to document the matter, so it is not solely the burden of your religious conscious.