Surah Al-Baqara (2) — Ayah 282

282. 1 When the strict prohibition of the usurious system and the emphasis on charity and almsgiving were stated, then in such a society (loans) become very necessary because usury is already forbidden and not every person has the ability to give charity and alms, nor does every person like to take charity. Therefore, to fulfill one's needs and requirements, only loans remain. That is why in the ahadith, great reward for giving loans has been mentioned. However, just as loans are an unavoidable necessity, they are also a cause of disputes. Therefore, in this verse, which is called Ayat al-Dayn and is the longest verse of the Quran, Allah Almighty has given necessary instructions regarding loans so that this unavoidable necessity does not become a cause of conflict. For this, one command is to determine the term, the second is to write it down, and the third is to have two Muslim men or one man and two women as witnesses.

282. 2 This means that the person, fearing Allah, should dictate the correct amount of money, not reducing it. It is further stated that if the debtor is of unsound mind, a weak child, or insane, then his guardian should dictate justly so that the rightful owner (the lender) does not suffer loss.

282. 3 That is, those whose honesty and justice you are satisfied with. Furthermore, from this verse of the Quran, it is understood that the testimony of two women is equal to that of one man, and also that the testimony of a single woman without a man is not permissible except in those matters where no one other than a woman can be aware. There is a difference of opinion on whether it is permissible to decide a case based on the testimony of two women along with the oath of the claimant, just as it is permissible to decide with the testimony of one man when the other witness is replaced by the claimant's oath. According to the Hanafi jurists, this is not permissible, whereas the scholars of hadith accept it because it is proven from hadith to decide with one witness and an oath, and since two women are equal to one male witness, it will also be permissible to decide with two women and an oath (Fath al-Qadeer).

282. 4 This is the reason and wisdom for appointing two women in place of one man. That is, a woman is weaker than a man in intellect and memory (as in the Sahih Muslim hadith, a woman is called deficient in intellect). This does not express the shyness or inferiority of a woman, as some people try to make out, but rather it is a statement of a natural weakness based on Allah Almighty's wisdom and will. If someone does not accept this out of stubbornness, that is another matter. But in terms of facts and reality, it is undeniable.

282. 5 These are the benefits of writing: that it fulfills the requirements of justice, the testimony will also remain correct (that if the witness dies or disappears, then in that case the writing will be useful), and both parties will be protected from doubt and suspicion. In case of doubt, the writing can be checked to remove the doubt.

282. 6 This is the buying and selling in which there is credit, or even after the deal is finalized, there is a risk of deviation; otherwise, cash transactions before this have been exempted from being written. Some have taken "sale" to mean the sale of a house, shop, garden, or animals.

282. 7 To harm them is to call them from distant areas, which would disrupt their engagements or cause loss in their business, or to force them to write something false or to testify to it.

282. 8 That is, act upon the things that have been emphasized and avoid the things that have been prohibited.