يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰٓ أَجَلٍ مُّسَمًّى فَٱكْتُبُوهُ ۚ وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌۢ بِٱلْعَدْلِ ۚ وَلَا يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ ٱللَّهُ ۚ فَلْيَكْتُبْ وَلْيُمْلِلِ ٱلَّذِى عَلَيْهِ ٱلْحَقُّ وَلْيَتَّقِ ٱللَّهَ رَبَّهُۥ وَلَا يَبْخَسْ مِنْهُ شَيْـًٔا ۚ فَإِن كَانَ ٱلَّذِى عَلَيْهِ ٱلْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَن يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُۥ بِٱلْعَدْلِ ۚ وَٱسْتَشْهِدُوا۟ شَهِيدَيْنِ مِن رِّجَالِكُمْ ۖ فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَٱمْرَأَتَانِ مِمَّن تَرْضَوْنَ مِنَ ٱلشُّهَدَآءِ أَن تَضِلَّ إِحْدَىٰهُمَا فَتُذَكِّرَ إِحْدَىٰهُمَا ٱلْأُخْرَىٰ ۚ وَلَا يَأْبَ ٱلشُّهَدَآءُ إِذَا مَا دُعُوا۟ ۚ وَلَا تَسْـَٔمُوٓا۟ أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰٓ أَجَلِهِۦ ۚ ذَٰلِكُمْ أَقْسَطُ عِندَ ٱللَّهِ وَأَقْوَمُ لِلشَّهَٰدَةِ وَأَدْنَىٰٓ أَلَّا تَرْتَابُوٓا۟ ۖ إِلَّآ أَن تَكُونَ تِجَٰرَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا ۗ وَأَشْهِدُوٓا۟ إِذَا تَبَايَعْتُمْ ۚ وَلَا يُضَآرَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِن تَفْعَلُوا۟ فَإِنَّهُۥ فُسُوقٌۢ بِكُمْ ۗ وَٱتَّقُوا۟ ٱللَّهَ ۖ وَيُعَلِّمُكُمُ ٱللَّهُ ۗ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌ
96:5.
4:30.
Important Words:
ولیه (someone who can watch his interest). ولی means, friend; helper; guardian of one’s affairs; he who protects or watches one’s interests (Aqrab). See also 2:108.
Commentary:
As the preceding verses prohibit interest and enjoin that only the original sum taken as a loan be returned to the creditor, the Quran now fittingly turns to the subject of loans not carrying interest. The verse enjoins that all transactions regarding loans should be committed to writing. It is really amazing, and is indeed a wonderful testimony to its Divine origin, that the Quran, which was revealed about 1,350 years ago when the art of writing was yet in its infancy, should lay so much stress on writing down all transactions.
The verse should not be interpreted to signify that only such transactions should be committed to writing as have a fixed term for the paying back of a loan. The injunction is general and is meant to obviate or minimize disputes so as to leave no room for doubt as to whether any amount has really been lent and as to the amount of the money lent. The words, for a fixed period, have been added to emphasize the additional fact that whenever a loan is advanced, a term must be fixed.
The verse further enjoins that when a transaction is made on credit, the document drawn up should be written by a third person so that there may be little chance of fraud and neither of the parties may have a cause of complaint against the other, both standing on the same level.
The borrower, and not the lender, is to dictate because: (1) it is the borrower who incurs the liability, and justice demands that words defining the liability should not only be well known to, but also selected by him; (2) the document is to be deposited with the lender and not the borrower. So the borrower has been asked to dictate so that the fact of his having dictated may serve as a proof of the correctness of the amount and the condition about payment, and he may have no ground to deny it.The clause, he should not diminish anything therefrom, have been added because loans may be of different kinds. They may not always be in cash and may be for long terms and there may also be certain conditions attached to them. In such cases it sometimes happens that in drawing up documents, people resort to trickery and leave loopholes. So borrowers (who have to dictate) have been warned against such evil practices and have been enjoined to fear God and dictate with honesty and justice.
In the clause, and call two witnesses from among your men, the word "your" has been most wisely added to imply that the witnesses should not be strangers but should be known men residing in the same locality so that, if need arises, they may be easily summoned to give evidence. The words "such as you like", point to the fact that the witnesses, whether men or women, should be desirable persons and should enjoy the confidence of both parties.
The clause, and let no harm be done to the scribe or the witness, signifies that if the scribe is a professional man, he should be duly paid for his services; otherwise wrong would be done to him. Similarly, a person should not be compelled, so far as possible, to become a witness if it causes him loss of any kind. Again, the scribe or the witnesses should also be paid their travelling and other necessary expenses when they are summoned before a Qadi or judge. The words also hint that the witnesses and the scribe should not be forced or threatened or bribed or otherwise influenced to suppress the truth or tell a falsehood when called upon to give evidence.
4:30.
96:5.
The borrower, and not the lender, is to dictate because; (1) it is the borrower who incurs the liability; and justice demands that the words defining the liability should be selected by him; (2) the document is to be deposited with the lender and not the borrower. So the borrower has been asked to dictate so that the fact of his having dictated may serve as a proof of the correctness of the amount and the conditions about payment, and he may have no cause or ground to deny it.
The implication is that it would be better to have a writing even in such a case like cash memo or voucher.
This refers to big transactions.