Monday, 21 April 2014

Evidence

LESSON # 321 FROM HOLY  QUR’AN

Evidence

BAQARAH – 2 (The Cow)
Verse –282  of  286, Section –39    (Part – 3)

O ye who believe! When ye contract a debt for a fixed term, record it in writing. Let a scribe record it in writing between you in (terms of) equity. No scribe should refuse to write as Allah hath taught him, so let him write, and let him who incurreth the debt dictate, and let him observe his duty to Allah his Lord, and diminish naught thereof. But if he who oweth the debt is of low understanding, or weak, or unable himself to dictate, then let the guardian of his interests dictate in (terms of) equity. And call to witness, from among your men, two witnesses. And if two men be not (at hand) then a man and two women, of such as ye approve as witnesses, so that if the one of the two erreth (through forgetfulness) the other will remember. And the witnesses must not refuse when they are summoned. Be not averse to writing down (the contract) whether it be small or great, with (record of) the term thereof. That is more equitable in the sight of Allah and more sure for testimony, and the best way of avoiding doubt between you; save only in the case when it is actual merchandise which ye transfer among yourselves from hand to hand. In that case it is no sin for you if ye write it not. And have witnesses when ye sell one to another, and let no harm be done to scribe or witness. If ye do (harm to them) lo! It is a sin in you. And observe your duty to Allah. And Allah is teaching you. And Allah is Knower of all things.   
Yaaa- ‘ayyuhallaziina  ‘aa-manuuu  ‘izaa  tadaa-yantum-bi-daynin  ‘ilaaa  ‘ajalim-musam-man-  faktubuuh.  Wal-yaktub-  baynakum  kaatibum-  bil- ‘adl.  Wa  laa ya’-ba  kaatibun  ‘any-yaktuba  kamaa  ‘allama-hullaahu  fal-yaktub.  Wal-  yumli-lillazii  ‘alayhil-haqqu  wal-yattaqil-laaha  Rabbahuu  wa  laa  yab-khas  minhu  shay- ‘aa.  Fa- ‘in-  kaanallazii  ‘alayhil-haqqu  safii-han  ‘aw  za- ‘iifan  ‘aw  laa  yas-tatii- ‘u  ‘any-yumilla  huwa  fal-yumlil  waliyyuhuu  bil- ‘adl.  Wastash-hiduu  shahii-dayni  mir-rijaalikum.    Fa- ‘illam  ya-kuunaa  rajulayni  fa-rajulunw-wamra- ‘ataani  mimman-  tarzaw-na  minash-shuhadaaa-‘i  ‘an-tazilla  ‘ih-daahumaa  fatuzak-kira  ‘ih-daahumal- ‘ukhraa.  Wa  laa  ya’-bash-shuhadaaa-‘u  ‘izaa  maa  du-‘uu.  Wa  laa  tas-‘amuuu  ‘an  taktubuuhu  sagii-ran  ‘aw  kabiiran  ‘illaaa  ‘ajalih.  Zaalikum  ‘aqsatu  ‘indallaahi  wa  ‘aqwamu  lish-shahaadati  wa  ‘adnaaa  ‘allaa  tartaabuuu  ‘illaaa  ‘an-takuuna  tijaaratan  haaziratan- tudiiruunahaa  baynakum  fa-laysa  ’alaykum  junaahun  ‘allaa  tak-tubuuhaa.  Wa  ‘ash-hiduuu  ‘izaa  tabaaya’-tum.  Wa  laa yu-zaaarra  kaatibunw-wa  laa  shahiid.  Wa  ‘in-taf-‘aluu  fa- ‘innahuu  fusuuqum-bikum.  Wattaqullaah.  Wa  yu- ‘allimu-kumullah.  Wallaahu  bi-kulli  shay- ‘in  ‘Aliim.




Lesson

Daynun – (a debt), in the Arabic language daynun is called the matter in which the payment in exchange is not made at the spot.

‘ilaaa  ‘ajalim-musam-man – (for a fixed term), the doctors of religious law have taken point from it that the term (date and time of returning the amount) of debt should be fixed and very clear. It should not remain in doubt.

At first Holy Qur’an described the orders regarding excellence of alms and charity, then interest, its prohibition and badness. Now it is mentioned about debt and such merchandise in which there is a promise of any particular term. Possibility to forgetfulness, error and omission remains always. So, such matters should be written and governed, that anyone may not reach the point of quarrel. The scribe should not fall short in writing. It is more suitable if the indebted person writes with his own hand or tells to the scribe with his own tongue and he should tell without increase or decrease of other’s right. If he who owes the debt is of low understanding, or weak, or unable himself to dictate, then let the guardian of his interests dictate in (terms of) equity.

This verse is the longest one in the Holy Qur’an. After telling the matters of debt to be in writing, now it commands, “Call to witness, from among your men, two witnesses besides being reduced to writing the agreement”. If two men be not (at hand) then a man and two women, of such as you approve as witnesses, so that if the one of the two errs (through forgetfulness) the other will remember her. Along with this, the witnesses are being instructed that they must not refuse when they are summoned, because it is sin.

To bring the statement in writing it is emphasized, “Be neither averse nor delay to write down (the contract) whether it be small or great, with (record of) the term thereof. It is universal truth that the demands of soundness and equity cannot be completed without it.

‘aqsatu – (more equitable), this word has been derived from Qist, which means equity, justice. From this is the word Muqsitun, that is Adjective of Allah Almighty, which means A Judge.

‘aqwamu – (Who keeps More Extent), the words Qiyaamun, Qawwaamun and Qayyimun etc have come out from its essence. ‘aqwamu means Who keeps every thing proper (best of all).

tijaaratan  haaziratan – (the merchandise which you transfer among yourselves from hand to hand). That is to say; it would not be on debt or promises, but it would be hand-to-hand. In that case, it is no sin for you if you do not write it.

Like this, it is also necessary for the scribe and witnesses that they should act according to justice; they should not try to harm someone. Otherwise, they will be sinners.  


Transliteration in Roman Script & English Translation of Holy Qur’an written by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazar, Lahore and Lesson collected from Dars e Qur’an published By Idara Islah wa Tableegh, Lahore (translated by Muhammad Sharif)  

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