LESSON # 321 FROM HOLY QUR’AN
Evidence
BAQARAH – 2 (The Cow)
Verse –282 of
286, Section –39 (Part – 3)
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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.
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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.
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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)
