Surah Al-Baqara (2) — Ayah 283

(Ayah 283) ➊ {وَ اِنْ كُنْتُمْ عَلٰى سَفَرٍ وَّ لَمْ تَجِدُوْا كَاتِبًا …: } This is another form of sale and loan, that is, if you engage in a loan transaction while on a journey and cannot find a scribe, or writing materials like pen and ink are not available, then the debtor should leave something as collateral (pledge) with the lender. The mention of travel is because this situation mostly arises during travel; otherwise, pledging collateral is also permissible while at home. The Messenger of Allah (peace be upon him) himself practically clarified this by pledging his armor to a Jew. [بخاری، البیوع، باب شراء الإمام الحوائج بنفسہ : ۲۰۹۶۔ مسلم : ۱۶۰۳ ] Thus, pledging collateral during travel is established by the explicit text of the Qur’an, and at home by the action of the Messenger of Allah (peace be upon him). (Shawkani)

➋ If the item pledged is a milk-giving animal, the Messenger of Allah (peace be upon him) permitted drinking its milk in exchange for feeding it; similarly, he permitted riding a horse, camel, donkey, or mule in exchange for feeding them. [بخاری، فی الرھن فی الحضر، باب الرھن مرکوب : ۲۵۱۱ عن أبی ھریرۃ رضی اللہ عنہ ] Apart from these, it is forbidden to benefit from a pledged item; this falls under the category of usury. For example, if land is pledged as collateral for a loan, the one holding the pledge cannot benefit from it; rather, if he cultivates it, the rent, etc., must be deducted from the loan.

➌ {فَلْيُؤَدِّ الَّذِي اؤْتُمِنَ اَمَانَتَهٗ :} This means that if someone trusts the borrower and gives him a loan without taking any collateral, then he should also, fearing Allah, repay the loan.

➍ {فَاِنَّهٗۤ اٰثِمٌ قَلْبُهٗ :} In this, the attribution of {’’ اٰثِمٌ ‘‘ } (sin) is to the heart, because concealing is an act of the heart and the thought first arises in the heart. This is a warning that concealing testimony is such a grave sin that it makes the heart sinful. [نَعُوْذُ بِاللّٰہِ مِنْ ذٰلِکَ ]

The Messenger of Allah (peace be upon him) said: [ اَكْبَرُ الْكَبَائِرِ، اَلْاِشْرَاكُ بِاللّٰهِ وَ قَتْلُ النَّفْسِ وَ عُقُوْقُ الْوَالِدَيْنِ وَ قَوْلُ الزُّوْرِ أَوْ قَالَ وَ شَهَادَةُ الزُّوْرِ ] “Among the greatest of the major sins are associating partners with Allah, killing a person, disobedience to parents, and false speech—or he said, false testimony.” [بخاری، الدیات، باب : «و من أحیاھا » : ۶۸۷۱، عن أنس رضی اللہ عنہ ] Ibn Abbas (may Allah be pleased with them both) said: “Concealing testimony is also among the gravest of the major sins.” (Tabari)

283. 1. If there is a need to conduct a loan transaction during travel and a writer or paper and pencil are not available, then an alternative method is being explained: the borrower should leave something as collateral with the lender. From this, the legitimacy and permissibility of collateral is established. The Prophet ﷺ also left his armor as collateral with a Jew. If the collateral is something from which benefit is derived, then the owner will be entitled to that benefit, and if there are expenses incurred on the collateral, then the one holding it can recover his expenses from it, but the remaining benefit must be given to the owner.

283. 2. That is, if there is mutual trust, you can also conduct a credit transaction without collateral. Here, the trust (amanah) refers to the loan. He should repay it in the correct manner, fearing Allah.

283. 3. Concealing testimony is a major sin, therefore a severe warning (punishment) has been mentioned here in the Quran and in the hadiths. That is why giving testimony is also of great virtue. In Sahih Muslim, it is narrated that the Prophet ﷺ said: "The best witness is the one who presents himself to give testimony before being asked for it." الا اخبرکم بخیر الشھداء ؟ الذی یاتی بشھادتہ قبل ان یسئالھا (Sahih Muslim, Book of Judgments, Chapter: Explanation of the Best Witnesses). In another narration, the worst witness has also been identified: " الا اخبرکم بشر الشھداء ؟ الذین عشھون قبل ان یستشھدوا " (Sahih Bukhari, Book of Softening the Hearts; Muslim, Book of Virtues of the Companions). "Shall I not tell you who the worst witnesses are? They are those who give testimony before being asked for it." The meaning is that they commit a major sin by giving false testimony. Also, in the verse, the heart is specifically mentioned because concealing is an act of the heart. Moreover, the heart is the leader of all the limbs, and it is such a piece of flesh that if it is sound, the whole body is sound, and if it is corrupt, the whole body becomes corrupt. " الا وان فی الجسد مضغۃ اذا صلحت صلح الجسد کلہ، واذا فسدت فسد الجسد کلہ، الا ! وھی القلب " (Sahih Bukhari, Book of Faith, Chapter: The Virtue of One Who Guards His Religion).

283. And if you are on a journey and cannot find a scribe, then a pledge with possession [410] (may be taken). But if one of you entrusts another, then let the one who is entrusted fulfill his trust [411] and let him fear his Lord. And do not conceal testimony. Whoever conceals it, his heart is surely sinful [412]. And Allah is fully aware of whatever you do.

[410]
The Four Forms of Pledge (Rahn):

There are four possible forms of demanding a pledge: for example, whether one is traveling or at home and a scribe is not available—these are two cases. The other two are that whether in travel or at home, a scribe can be found, but the lender does not rely solely on the written document and, as a guarantee for the repayment of his loan, also demands a pledge. And that the pledge may be with or without a written document, i.e., only the pledge itself. As Hazrat Aisha ؓ narrates, the Messenger of Allah ﷺ bought grain on credit from a Jew (Abu Shahm) (thirty sa’ of barley for his household needs), and he left his armor as a pledge with him [بخاري۔ كتاب الرهن، باب فى الرهن فى الحضر] and this pledge was in residence (not travel) and without a written document. Thus, in all four cases, pledge is permissible, and the reason Allah Almighty mentioned only one of these cases is that Islam wants to teach its followers generosity, and it is beneath high morals that a person who possesses wealth would not give a loan to a needy person without taking something as a pledge.

Rulings Regarding Pledge:

1. The responsibility for the profit and loss of the pledged item remains with the pledger (the original owner), and the pledgee (the one with whom the pledge is kept) holds the item as a trust. For example, if Zaid kept a cow as a pledge with Bakr, and the cow died or was stolen, the loss would be Zaid’s, not Bakr’s. Similarly, if the cow gave birth, both the cow and the calf would belong to Zaid, not Bakr. Accordingly, it is narrated from Sa’id bin Al-Musayyib that the Messenger of Allah ﷺ said: “A pledge is not foreclosed from its owner. Its benefit is for him, and its loss is upon him.” [مشكوٰة۔ كتاب البيوع۔ باب المسلم والرهن۔ فصل ثاني]
2. Since the pledged item is with the pledgee as a trust, he cannot benefit from it. For example, if it is a house, he cannot live in it nor rent it out; if it is land, he cannot cultivate it, etc. Because this would be usury—unless he hands over such benefit to the pledger or deducts it from the principal amount of the loan.
3. However, for those items on which the pledgee has to incur some expenses, he is entitled to benefit from them. For example, if the pledged item is a cow, then in return for feeding it, he can use its milk. Hazrat Abu Hurairah ؓ says that the Prophet ﷺ said: “The back of a pledged animal may be ridden in return for its expenses, and the milk of a pledged animal may be drunk in return for its expenses. And the one who rides or drinks is responsible for its expenses.” [بخاري: كتاب الرهن۔ باب الرهن مركوب و محلوب ]
[411] That is, the creditor’s loan or whatever he has taken.
[412]
The Heart Alone is the Source of Good and Evil:

The Messenger of Allah ﷺ, warning the noble companions ؓ, said: “Behold! There is a piece of flesh in the body; if it is sound, the whole body is sound, and if it is corrupt, the whole body is corrupt. Behold! That piece is the (human) heart.” [بخاري۔ كتاب الايمان۔ باب فضل من استبرء لدينه]
And in another hadith it is stated: When a person commits a sinful act, a black dot appears on his heart. Then if he repents, that dot is washed away, but if he does not repent and continues to sin, that dot keeps increasing until it covers his entire heart and makes it black. [مسلم۔ كتاب الايمان۔ باب رفع الامانة والايمان من بعض الذنوب۔۔۔] Thus, sins first affect the heart and corrupt the intention, then the sinful act is committed. Then a time comes when a person’s heart becomes completely black; at that time, the heart influences his thoughts and reflections, and whatever he thinks will be wrong and sinful. Allah Almighty has described such a state of the heart as “athima qalbahu” (his heart is sinful), and those who conceal testimony are such people.