Surah Al-Baqara (2) — Ayah 282

(Ayah 282) ➊ {یٰۤاَيُّهَا الَّذِيْنَ اٰمَنُوْۤا اِذَا تَدَايَنْتُمْ بِدَيْنٍ:} This verse is called {’’ آيَةُ الدَّيْنِ ‘‘} or { ’’ آيَةُ الْمُدَايَنَةِ ‘‘}. This is the longest verse in the Quran. When interest was prohibited, it became necessary to explain the correct method of lending, so that has been stated in this verse, and as a principle, three things have been declared necessary: one, to write it down; second, to fix a term; third, to appoint witnesses. Generally, people consider writing in matters of credit or loan as objectionable and a sign of mutual distrust. At the end of the verse, its wisdom has been explained, that this is, in the sight of Allah, more just, more reliable for testimony, and a means of avoiding all kinds of doubt and suspicion. On this basis, such precaution is appropriate in such matters, so that disputes may not arise in the future. (Ibn Kathir)

➋ { اِلٰۤى اَجَلٍ مُّسَمًّى :} From this, it is proven that it is necessary to fix a term for the repayment of a loan. Abdullah bin Abbas (may Allah be pleased with them both) said: "From this verse, the permissibility of Bai' Salam is proven, and this verse was revealed regarding it." (Shawkani) Bai' Salam or Salaf is when the price of something is paid in advance and that thing is received later at a fixed time. The conditions of this sale were also stated by the Prophet (peace be upon him), so it is narrated from Ibn Abbas (may Allah be pleased with them both) that when the Messenger of Allah (peace be upon him) came to Madinah, he saw that the people of Madinah used to do Bai' Salaf in dates for two or three years, so the Prophet (peace be upon him) said: "Whoever does Bai' Salaf in anything, let him do so for a specified measure and weight and a specified term." [بخاری، السلم، باب السلم فی وزن معلوم : 2240۔ مسلم: ۱۶۰۴ ] Also, from Ibn Umar (may Allah be pleased with them both), the mention of a specified price is also reported.

➌ Apparently, from this noble verse, it seems that writing down a loan is obligatory, but in the next verse, from «فَاِنْ اَمِنَ بَعْضُكُمْ بَعْضًا », it is understood that this ruling is not obligatory but recommended.

➍ {مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَآءِ: } That is, those who are considered trustworthy among you in terms of honesty, trustworthiness, and character, and they should also be Muslims, sane, mature, observant of obligations, and abstaining from major sins, because such people are preferred among the people of Islam. The testimony of a non-Muslim will not be accepted.

➎ { اِلَّاۤ اَنْ تَكُوْنَ تِجَارَةً حَاضِرَةً:} That is, if the transaction in trade is cash, not on credit, then appointing witnesses is sufficient, writing is not necessary, because it is burdensome, and even appointing witnesses is not obligatory but recommended. (Shawkani)

➏ { وَ لَا يُضَآرَّ كَاتِبٌ وَّ لَا شَهِيْدٌ:} "And neither should any scribe be harmed nor any witness"—this translation is in the passive form of {’’ وَ لَا يُضَآرَّ ‘‘}. This verb can also be in the active form, and in that case, the translation would be: "Neither should the scribe cause harm nor the witness," for example, the scribe writes something incorrectly, causing harm to the rightful owner or debtor, or the witness tampers with the testimony and gives false testimony. Causing harm to the scribe and witness means that they are called at inconvenient times or are intimidated to give false testimony, etc.