Sūrat al-Baqarah
Section 57 of 59 · Surah Studies · Mufti Abdul Rahman Mangera
Write It Down
Allah (swt) then continues upon the subject of business; and there stands the longest verse in the Qur'an, in which Allah (swt) says that whenever one has a dealing with another, it is to be written down — an etiquette meant to avoid difficulties, arguments, disputes and misunderstandings, and so the quarrels and the breaking of families that generally arise because people are careless in such things.
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰٓ أَجَلٍ مُّسَمًّى فَٱكْتُبُوهُ ۚ وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌۢ بِٱلْعَدْلِ ۚ وَلَا يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ ٱللَّهُ ۚ فَلْيَكْتُبْ وَلْيُمْلِلِ ٱلَّذِى عَلَيْهِ ٱلْحَقُّ وَلْيَتَّقِ ٱللَّهَ رَبَّهُۥ وَلَا يَبْخَسْ مِنْهُ شَيْـًٔا ۚ فَإِن كَانَ ٱلَّذِى عَلَيْهِ ٱلْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَن يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُۥ بِٱلْعَدْلِ ۚ وَٱسْتَشْهِدُوا۟ شَهِيدَيْنِ مِن رِّجَالِكُمْ ۖ فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَٱمْرَأَتَانِ مِمَّن تَرْضَوْنَ مِنَ ٱلشُّهَدَآءِ أَن تَضِلَّ إِحْدَىٰهُمَا فَتُذَكِّرَ إِحْدَىٰهُمَا ٱلْأُخْرَىٰ ۚ وَلَا يَأْبَ ٱلشُّهَدَآءُ إِذَا مَا دُعُوا۟ ۚ وَلَا تَسْـَٔمُوٓا۟ أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰٓ أَجَلِهِۦ ۚ ذَٰلِكُمْ أَقْسَطُ عِندَ ٱللَّهِ وَأَقْوَمُ لِلشَّهَـٰدَةِ وَأَدْنَىٰٓ أَلَّا تَرْتَابُوٓا۟ ۖ إِلَّآ أَن تَكُونَ تِجَـٰرَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا ۗ وَأَشْهِدُوٓا۟ إِذَا تَبَايَعْتُمْ ۚ وَلَا يُضَآرَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِن تَفْعَلُوا۟ فَإِنَّهُۥ فُسُوقٌۢ بِكُمْ ۗ وَٱتَّقُوا۟ ٱللَّهَ ۖ وَيُعَلِّمُكُمُ ٱللَّهُ ۗ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌ
“O you who believe, when you transact a debt payable at a specified time, put it in writing, and let a scribe write it between you with fairness. A scribe should not refuse to write as Allah has educated him. He, therefore, should write. The one who owes something should get it written, but he must fear Allah, his Lord, and he should not omit anything from it.If the one who owes is feeble-minded or weak or cannot dictate himself, then his guardian should dictate with fairness. Have two witnesses from among your men, and if two men are not there, then one man and two women from those witnesses whom you like, so that if one of the two women errs, the other woman may remind her. The witnesses should not refuse when summoned. And do not be weary of writing it down, along with its due date, no matter whether the debt is small or large. That is more equitable in Allah’s sight, and more supportive as evidence, and more likely to make you free of doubt. However, if it is a spot transaction you are effecting between yourselves, there is no sin on you, should you not write it. Have witnesses when you transact a sale. Neither a scribe should be made to suffer, nor a witness. If you do (something harmful to them), it is certainly a sin on your part, and fear Allah. Allah educates you, and Allah is All-Knowing in respect of everything.” (2:282)
Write it down; record it. This is, as said, the longest verse, which also gives us to understand that He set it all together in one place. There must be something symbolic and significant in that, since there are other discussions — the discussion of ribā, for instance — which He did not put in a single verse but spread over several. There must be a significance in that as well.
These, then, are the things Allah tells us in this general verse. First: write down any credit. Any credit or loan, anything given upon credit — write it down. Record it, report it. Nowadays it is far easier if the thing is done online, since everything is recorded and it becomes easier by default. But let a man have the intention of following the verse; he is then rewarded for it.
Second: whenever there is a credit agreement, let the term be known. That I require it back by such a time. Let that be stated; do not leave it open. Hence ilā ajalin musammā, to a fixed term.
Third: if one is upon a journey — nowadays one may write such things even on a journey, having a telephone, but the Qur'an speaks of places where there is no such access and no pen and paper to be had — then a collateral may be used. If security is wanted, one may give something of one's assets, some valuable asset, for the other to hold. That is permitted too.
Allah (swt) does say, however, that none is to carry this to excess: that I go to a shop and buy something there, pay the money and take it. They give a receipt, everything nowadays being a matter of exchanges and refunds, but it need not be written down. Where it is hand to hand and straightforward, there is no need to write it: tijāratan ḥāḍiratan tudīrūnahā baynakum. There is no need, for it would cause unnecessary hardship. There is a great balance in the Sharīʿah upon this.