Tafsir Ibn Abbas: Al-Baqara, Ayah 282
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Tafsir
O you who believe when you contract when you are dealing with a debt such as in prepayment for future delivery of goods or a loan one upon another for a stated a known term write it down as confirmation and security against any dispute; and let a writer write it the contract of debt down between you justly accurately not increasing or decreasing the amount or the terms; and let not any writer refuse to write it down if he is requested for such a task as God has taught him the kāf of ka-mā ‘as’ is semantically connected to the verb ya’ba ‘refuse’ that is just as He has given him the advantage of knowing how to write he should not be niggardly in this respect; so let him write repeated for emphasis and let the debtor dictate to the one writing the contract for he is the one being witnessed and must be fully aware of his obligations; and let him fear God his Lord when dictating and not diminish anything of it of the debt due. And if the debtor be a fool a squanderer or weak not up to dictating on account of old age or immaturity or unable to dictate himself on account of being dumb or not knowing the language and so forth then let his guardian the one in charge of his affairs be it a parent an executor a custodian or an interpreter dictate justly. And summon to bear witness the debt two witnesses men mature Muslim free men; or if the two witnesses be not men then one man and two women to bear witness such witnesses as you approve of on account of their piety and probity; the number of women is because of the fact so that if one of the two women errs forgets the testimony given their lesser astuteness and accuracy; the other the one remembering will remind her read fa-tudhakkira or fa-tudhkira the one that has forgotten — the ‘reminding’ clause is the reason for the choice of two women that is to say so that she may be reminded if she errs or strays into error because this forgetfulness is the cause of it a variant reading for an ‘that’ has the conditional in ‘if’ with the verb inflected as tudhakkiru ‘she will remind’ making it a new sentence the response to which follows; and let the witnesses not refuse whenever the mā of idhā mā ‘whenever’ is extra they are summoned to bear witness and take responsibility for the testimony; and be not disdainful lazy to write it down that which you have witnessed in truth for this frequently occurred be it small or great a little or much with its term that is the date on which it is due ilā ajlihi is a circumstantial qualifier referring to the pronominal suffix hā’ of taktubū-hu ‘you write it down’; that writing down is more equitable more just in God’s sight more upright for testimony that is to say that is more helpful in summoning witness because it contains the reminder; and nearer closer to attaining the desired state that you will not be in doubt with regard to the amount and the due dates; unless it be that there is trade carried out there and then tijāratun hādiratun a variant reading has tijāratan hādiratan in which case the nominal sentence is missing its subject and must be the pronoun for tijāra ‘trade’ that is hiya ‘it fem.
Related Hadiths
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Ibn Abbas Commentary
Allah then taught them what they ought to learn in their dealings, saying: (O ye who believe!) in Allah and His Messenger (when ye contract a debt for a fixed term, record it) i.e. the debt (in writing. Let a scribe record it in writing between you) the indebted person and the creditor (in (terms of) equity) justice. (No scribe should refuse to write) the contract between the creditor and the debtor (as Allah hath taught him) how to write, (so let him write) the contract without addition or omission, (and let him who incurreth the debt dictate) i.e. the indebted person should explain to the scribe the debt he owes, (and let him observe his duty to Allah his Lord) let the indebted person fear his Lord, (and diminish naught thereof) and not diminish any amount of debt he owes upon dictation. (But if he who oweth the debt is of low understanding) is ignorant of dictation, (or weak) unable to dictate, (or unable himself to dictate) does not know how to dictate to the scribe, (then let the guardian of his interests dictate) the guardian of his wealth who is the creditor (in (terms of) equity) without any addition. (And call to witness) for your rights, (from among your men, two witnesses) from among your free, Muslim men who are of good character. (And if two men be not (at hand) then a man and two women, of such as ye approve as witnesses) from among people who are reliable in their witness, (so that if the one erreth (through forgetfulness)) so that if one of the women forgets (the other) who did not forget (will remind her. And the witnesses must not refuse) to give witness (when they are summoned) to court. (Be not averse) disinclined (to writing down) i.e. the debt (whether it be small or great, with (record of) the term thereof. That) i.e. that which I mentioned regarding the writing down of the debt (is more equitable) more correct and fairer (in the sight of Allah and more sure for testimony) clearer for the witness when he gives his testimony if he happens to forget, (and the best way of avoiding doubt between you) concerning the debt and the fixed term of its payment; (save only in the case when it is actual merchandise which you transfer among yourselves from hand to hand.