Quran Garden

Session 309

Chapter 2

Verse 282

a continuation

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)

In the previous session, we explained the importance of writing down any loan in a clear contract, and the duty of a writer to step up and document the terms of the debt. 

We continue with the phrase: ‘let the debtor dictate.’  Why should the borrower, and not the lender, dictate to the writer? The answer is twofold.  First, it is an acknowledgment from the borrower of his or her responsibilities in repayment.  Second, and more importantly, it is because the borrower is in the position of weakness.  Let’s clarify with an example.  Say that I was in financial trouble, and I needed to borrow some money from you to send my kids to school.  You meet with me and agree to lend me $2000.  I agree to repay it back to you in six months.  In this situation, I am in need, and you have the stronger position.  When the writer comes to write the terms of the contract, you –the strong lender- dictate to him that you agreed to lend me $2000 to be repaid in full in three months.  You made a mistake regarding the length of the loan.  I may feel embarrassed to say anything because my kids are in need.  I am afraid that if I object, you would cancel the entire loan.  On the other hand, if I was dictating to the writer and I made a similar mistake, you –in the position of power- would feel comfortable to jump right in to make the correction.  Thus, Allah, the All-Wise, teaches us that the borrower should be the one dictating the terms of the loan. 

But what if the borrower was a young child, an elderly, a disabled person, or someone who is illiterate? God answers: ‘If the debtor is feeble-minded, weak, or unable to dictate, then let his guardian dictate justly.’ 

To keep both parties honest and to further ensure the validity of the contract, Allah commands witnesses to be present.  He says: ‘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.’  By having witnesses on one hand, and the borrower dictating the terms to a scribe on the other, the rights of both parties are guaranteed.  The economy runs smoothly because the rich feel comfortable lending and those in need have access to capital.  And when the economy runs smoothly, peace and security prevail as each person is able to provide for his or her family. 

Keep in mind that there is a condition for someone to be accepted as a witness.  God says that we should choose: ‘those you approve as witnesses.’  In other words, the man or woman should be known to be honest, trustworthy and of good character. 

Let’s look in to the phrase: ‘If two men are not there, then call one man and two women out of those you approve as witnesses’ as it has caused much controversy.  Some men who are ignorant use such phrases as an excuse to mistreat women, or to support false claims that women are not as intelligent.  They argue that one man is equal to two women.  We answer that these false arguments highlight such men’s true ignorance of the Quran.  Allah the All-Wise clearly gave us the reason behind this substitution.  He says: ‘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.’  In other words, because the majority of women do not routinely deal with contracts, terms of loans, and financial jargon, they may easily forget or overlook a specific aspect of the transaction.  God advices that in such situations, where a trust-worthy man who routinely deals with financials is not available as a witness, two women can substitute.     

The verse continues: ‘Let the witnesses not refuse when they are summoned.’  Just as Allah commanded the writer to perform his or her duty in documenting the terms of the loan without hesitation, Allah is commanding the witnesses to do the same.  Here we should note that a witness bears two responsibilities.  The first is to attentively witness the contract, and the second is to tell the truth if called upon on a later date.  The duty of a witness to perform without hesitation applies to both situations: on the day of the contract, and later on if there is a dispute.

Yet, Allah wants to assure that this obligation is not misused to pressure or inconvenience a witness.  People have families and jobs, and they should not be abused.  God says: ‘and let no harm be done to either scribe or witness.’  Both, witnesses and scribes, should be treated with courtesy, and their circumstances should be taken into consideration.  In fact, personal circumstances are one of the criteria of the witness selection process.  If a witness or scribe is going to miss work, then he or she should be compensated.  If travel is required, then the travel expenses should be covered by the lender and borrower.  Allah, who is protecting the rights of the lender and borrower, is not about to overlook the rights of witnesses and scribes. 

To summarize, a person who is versed in writing contracts should do his or her job by writing the contract accurately without falsification.  A person who is trustworthy should do his or her job as a witness and pay close attention to the details of the contract; and later he or she should bear true testimony if needed in a dispute.  The lender and borrower should treat both the scribe and the witnesses with respect and compensate them if they incur any inconvenience.  God warns all the parties involved –whether the borrower, lender, witness or scribe-: He says: ‘for if you did cause them harm, it would be deviancy on your part.’