The Quran

282

Preface

يا أَيُّهَا الَّذينَ آمَنوا إِذا تَدايَنتُم بِدَينٍ إِلىٰ أَجَلٍ مُسَمًّى فَاكتُبوهُ ۚ وَليَكتُب بَينَكُم كاتِبٌ بِالعَدلِ ۚ وَلا يَأبَ كاتِبٌ أَن يَكتُبَ كَما عَلَّمَهُ اللَّهُ ۚ فَليَكتُب وَليُملِلِ الَّذي عَلَيهِ الحَقُّ وَليَتَّقِ اللَّهَ رَبَّهُ وَلا يَبخَس مِنهُ شَيئًا ۚ فَإِن كانَ الَّذي عَلَيهِ الحَقُّ سَفيهًا أَو ضَعيفًا أَو لا يَستَطيعُ أَن يُمِلَّ هُوَ فَليُملِل وَلِيُّهُ بِالعَدلِ ۚ وَاستَشهِدوا شَهيدَينِ مِن رِجالِكُم ۖ فَإِن لَم يَكونا رَجُلَينِ فَرَجُلٌ وَامرَأَتانِ مِمَّن تَرضَونَ مِنَ الشُّهَداءِ أَن تَضِلَّ إِحداهُما فَتُذَكِّرَ إِحداهُمَا الأُخرىٰ ۚ وَلا يَأبَ الشُّهَداءُ إِذا ما دُعوا ۚ وَلا تَسأَموا أَن تَكتُبوهُ صَغيرًا أَو كَبيرًا إِلىٰ أَجَلِهِ ۚ ذٰلِكُم أَقسَطُ عِندَ اللَّهِ وَأَقوَمُ لِلشَّهادَةِ وَأَدنىٰ أَلّا تَرتابوا ۖ إِلّا أَن تَكونَ تِجارَةً حاضِرَةً تُديرونَها بَينَكُم فَلَيسَ عَلَيكُم جُناحٌ أَلّا تَكتُبوها ۗ وَأَشهِدوا إِذا تَبايَعتُم ۚ وَلا يُضارَّ كاتِبٌ وَلا شَهيدٌ ۚ وَإِن تَفعَلوا فَإِنَّهُ فُسوقٌ بِكُم ۗ وَاتَّقُوا اللَّهَ ۖ وَيُعَلِّمُكُمُ اللَّهُ ۗ وَاللَّهُ بِكُلِّ شَيءٍ عَليمٌ

Yusuf Ali

O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing¹ Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as God² Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord God, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate³, Let his guardian dictate faithfully, and get two witnesses, out of your own men⁴, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (For evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is juster in the sight of God, More suitable as evidence, and more convenient to prevent doubts among yourselves but if it be a transaction hich ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing. But take witness whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm), it would be wickedness in you. So fear God; For it is God that teaches you. And God is well acquainted with all things⁵. If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose)⁶. And if one of you deposits a thing on trust with another⁷, let the trustee (faithfully) discharge his trust, and let him Fear his Lord conceal not evidence; for whoever conceals it, - his heart is tainted⁸ with sin. And God knoweth all that ye do.

The first part of the verse deals with transactions involving future payment or future consideration, and the second part with transactions in which payment and delivery are made on the spot. Examples of the former are if goods are brought now and payment is promised at a fixed time and place in the future, or if cash is paid now and delivery is contracted for at a fixed time and place in the future. In such cases a written document is recommended, but it is held that the words later on in this verse, that it is 'juster... more suitable as evidence, and more convenient to prevent doubts,” etc., imply that it is not obligatory in law. Examples of the latter kind-cash payment and delivery on the spot-require no evidence in writing, but apparently oral witnesses to such transactions are recommended.
The scribe in such matters assumes a fiduciary capacity; he should therefore remember to act as in the presence of God, with full justice to both parties. The art of writing he should look upon as a gift from God, and he should use it as in His service. In an illiterate population the scribe’s position is still more responsible.
Possibly the person “mentally deficient, or weak, or unable to dictate,” may also be incapable of making a valid contract, and the whole duty would be on his guardian, who again must act in perfect good faith, not only protecting but vigilantly promoting the interests of his ward.
It is desirable that the men (or women) who are chosen as witness should be from the circle to which the parties belong, as they would best be able to understand the transaction, and be most easily available if their evidence is required in future.
Commercial morality is here taught on the highest plane and yet in the most practical manner, both as regards the bargains to be made, the evidence to be provided, the doubts to be avoided, and the duties and rights of scribes and witnesses. Probity even in worldly matters is to be, not a mere matter of convenience or policy, but a matter of conscience and religious duty. Even our everyday transactions are to be carried out as in the presence of God.
A pledge or security stands on its own independent footing, though it is a very convenient form of closing the bargain where the parties cannot trust each other, and cannot get a written agreement with proper witnesses.
The Law of Deposit implies great trust in the Depositary on the part of the Depositor. The Depositary becomes a trustee, and the doctrine of Trust can be further developed on that basis. The trustee’s duty is to guard the interests of the person on whose behalf he holds the trust and to render back the property and accounts when required according to the terms of the trust. This duty again is linked to the sanction of Religion, which requires a higher standard than Law.
It sometimes happens that if some inconvenient piece of evidence is destroyed or concealed, we gain a great advantage materially. We are warned not to yield to such a temptation. The concealment of evidence has a serious effect on our own moral and spiritual life, for it taints the very source of higher life, as typified by the heart. The heart is also the seat of our secrets. We are told that the sin will reach our most secret being, though the sin may not be visible or open to the world. Further, the heart is the seat of our affections, and false dealing taints all our affections.