كَاتِب
Appears 3 times in Quran
📖 Lane's Lexicon
Classical definitions for root كتب
Derived Stems (56)
Derived Words (4)
Words derived from the lemma "كَاتِب".
Occurrences in Quran
Found 3 verses containing "كَاتِب".
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
4:30.
96:5.
口授的人应该是债务人而不是债权人, 因为: (1) 负责任的是债务人; 有关决定性的话, 应该由他来选择才公正; (2) 借据由债权人而不是由债务人保存。因此要求债务人口授, 使他口授的事情可以作为借款数目和付款条件准确的证明。他就没有原因和根据来否认这笔借款。
这里含有这样的意思, 即使在这种情况下, 还是写一张像现款便笺或收条之类的字据比较好。
这里指的是大笔交易。
اِلٰی اَجَلٍ مُّسَمًّی۔ اس میں اِلٰی یا تو لام کے معنوں میں ہے اور معنے یہ ہیں کہ مقررہ میعاد کے لئے قرض لو اور اِلٰی ان معنوں میں عربی میں استعمال ہوتا ہے۔ جیسے قرآن کریم میں آتا ہے وَ الْاَمْرُ اِلَیْکِ یعنی حکم دینے کا اختیار تجھے حاصل ہے۔ یا کہتے ہیں اَحْمَدُ اِلَیْکَ اللّٰہَ: تیرے لئے اللہ کی حمد کرتا ہوں (مغنی) اور یہ بھی ہو سکتا ہے کہ اِلٰی‘ مَعَ کے معنے دیتا ہو۔ یہ معنے عربی میں مستعمل ہیں۔ قرآن کریم میں بھی آتا ہے مَنْ اَنْصَارِیْ اِلَی اللّٰہِ یعنی کون اللہ کے ساتھ ہو کر میری مدد کرتا ہے۔ اس اِلٰی کے لئے یہ شرط ہوتی ہے ک
’’تمہارے درمیان‘‘ اس کے یہ معنے بھی ہو سکتے ہیں کہ جو معاہدہ تمہارے درمیان ہوا ہے وہ لکھ دے اور یہ بھی کہ کاتب تمہارے اپنے آدمیوں میں سے ہو۔ اور یہ بھی کہ وہ دونوں فریق کی موجودگی میں ان کے سامنے بیٹھ کر لکھے۔
یہ آیت ترجمہ کے لحاظ سے بہت پیچیدہ ہے کیونکہ اس میں شُھَدَآء کا لفظ موقع پر موجود ہونے والوں کے لئے استعمال کیا گیا ہے اور ایک ہی فقرہ میں دو معنوں میں گواہ کے لفظ نے ترجمہ میں پیچیدگی پیدا کر دی ہے۔ مطلب یہ ہے کہ جس وقت تحریر لکھی جا رہی ہو اگر لکھنے والے کے سوا جو مرد و عورت وہاں موجود ہوں ان میں سے وہ دو مردوں کو گواہ مقرر نہ کرنا چاہتا ہو بلکہ کسی عورت کو بھی شامل کرنا چاہتا ہو تو اس صورت میں جو لوگ موقع پر ہوں ان میں سے دونوں فریق کے اعتباری لوگوں میں سے ایک مرد اور دو عورتوں کی شہادت ڈلوائی جائے۔
حَاضِرَۃً کا ترجمہ ’’دست بدست‘‘ کیا گیا ہے۔ یعنی جب مال پر اسی وقت قبضہ کر لیا گیا ہو اور قیمت نقد ادا کر دی گئی ہو۔
اس میں اشارہ ہے کہ اس صورت میں بھی لکھنا اچھا ہے جیسا انگریزی دکان دار ووچر (Voucher) دیتا ہے۔ اس سے جھگڑے کم ہو جاتے ہیں۔
یہ بہت بڑے سَودوں کے متعلق ہے کہ ان کو لکھنا بھی چاہیے اور گواہ بھی رکھنے چاہئیں تا فتنہ نہ پیدا ہو۔
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.
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.
a
4:30.
b
96:5.
210
口授的人应该是债务人而不是债权人, 因为: (1) 负责任的是债务人; 有关决定性的话, 应该由他来选择才公正; (2) 借据由债权人而不是由债务人保存。因此要求债务人口授, 使他口授的事情可以作为借款数目和付款条件准确的证明。他就没有原因和根据来否认这笔借款。
211
这里含有这样的意思, 即使在这种情况下, 还是写一张像现款便笺或收条之类的字据比较好。
212
这里指的是大笔交易。
1
اِلٰی اَجَلٍ مُّسَمًّی۔ اس میں اِلٰی یا تو لام کے معنوں میں ہے اور معنے یہ ہیں کہ مقررہ میعاد کے لئے قرض لو اور اِلٰی ان معنوں میں عربی میں استعمال ہوتا ہے۔ جیسے قرآن کریم میں آتا ہے وَ الْاَمْرُ اِلَیْکِ یعنی حکم دینے کا اختیار تجھے حاصل ہے۔ یا کہتے ہیں اَحْمَدُ اِلَیْکَ اللّٰہَ: تیرے لئے اللہ کی حمد کرتا ہوں (مغنی) اور یہ بھی ہو سکتا ہے کہ اِلٰی‘ مَعَ کے معنے دیتا ہو۔ یہ معنے عربی میں مستعمل ہیں۔ قرآن کریم میں بھی آتا ہے مَنْ اَنْصَارِیْ اِلَی اللّٰہِ یعنی کون اللہ کے ساتھ ہو کر میری مدد کرتا ہے۔ اس اِلٰی کے لئے یہ شرط ہوتی ہے ک
2
’’تمہارے درمیان‘‘ اس کے یہ معنے بھی ہو سکتے ہیں کہ جو معاہدہ تمہارے درمیان ہوا ہے وہ لکھ دے اور یہ بھی کہ کاتب تمہارے اپنے آدمیوں میں سے ہو۔ اور یہ بھی کہ وہ دونوں فریق کی موجودگی میں ان کے سامنے بیٹھ کر لکھے۔
3
یہ آیت ترجمہ کے لحاظ سے بہت پیچیدہ ہے کیونکہ اس میں شُھَدَآء کا لفظ موقع پر موجود ہونے والوں کے لئے استعمال کیا گیا ہے اور ایک ہی فقرہ میں دو معنوں میں گواہ کے لفظ نے ترجمہ میں پیچیدگی پیدا کر دی ہے۔ مطلب یہ ہے کہ جس وقت تحریر لکھی جا رہی ہو اگر لکھنے والے کے سوا جو مرد و عورت وہاں موجود ہوں ان میں سے وہ دو مردوں کو گواہ مقرر نہ کرنا چاہتا ہو بلکہ کسی عورت کو بھی شامل کرنا چاہتا ہو تو اس صورت میں جو لوگ موقع پر ہوں ان میں سے دونوں فریق کے اعتباری لوگوں میں سے ایک مرد اور دو عورتوں کی شہادت ڈلوائی جائے۔
4
حَاضِرَۃً کا ترجمہ ’’دست بدست‘‘ کیا گیا ہے۔ یعنی جب مال پر اسی وقت قبضہ کر لیا گیا ہو اور قیمت نقد ادا کر دی گئی ہو۔
5
اس میں اشارہ ہے کہ اس صورت میں بھی لکھنا اچھا ہے جیسا انگریزی دکان دار ووچر (Voucher) دیتا ہے۔ اس سے جھگڑے کم ہو جاتے ہیں۔
6
یہ بہت بڑے سَودوں کے متعلق ہے کہ ان کو لکھنا بھی چاہیے اور گواہ بھی رکھنے چاہئیں تا فتنہ نہ پیدا ہو۔
a
96:5.
b
4:30.
289
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.
a
4:30.
b
96:5.
354
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.
354A
The implication is that it would be better to have a writing even in such a case like cash memo or voucher.
354B
This refers to big transactions.
۞ وَإِن كُنتُمْ عَلَىٰ سَفَرٍ وَلَمْ تَجِدُوا۟ كَاتِبًا فَرِهَٰنٌ مَّقْبُوضَةٌ ۖ فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ ٱلَّذِى ٱؤْتُمِنَ أَمَٰنَتَهُۥ وَلْيَتَّقِ ٱللَّهَ رَبَّهُۥ ۗ وَلَا تَكْتُمُوا۟ ٱلشَّهَٰدَةَ ۚ وَمَن يَكْتُمْهَا فَإِنَّهُۥٓ ءَاثِمٌ قَلْبُهُۥ ۗ وَٱللَّهُ بِمَا تَعْمَلُونَ عَلِيمٌ
2:141; 5:107.
Loans may also be advanced in the form of pledges, one party receiving the loan of money and the other the thing pledged in lieu of it. This form of practical transaction will be in the nature of an Amanah, i.e. a trust or deposit affecting both parties. By identifying a loan with a trust it is hinted that loans should be returned with the same care and honesty with which property deposited as a trust is returned on demand.
2:141; 5:107.
Important Words:
رھان (pledge) is derived from رھن. They say رھن الشیء فلانا او عند فلان i.e. he deposited the thing with him or gave it in his possession as a pledge or security for a debt, etc. راھن is one who makes such a pledge and مرتھن is one who receives it. رھینand مرھون mean, the thing so pledged; the thing placed or kept in custody in lieu of a debt, etc. رھان which is the noun-infinitive from راھن and رھن (rahn) which is the noun-infinitive from رھن (rahana) mean, the act of pledging; also the thing pledged. رھان is also the plural of رھن (Aqrab & Lane).
امانة (trust) and اوتمن (is entrusted) and امن (entrusts) are all derived from the same root. امن means, he trusted or he entrusted. ائتمن فلانا علی کذا means, he trusted him with that; he deposited it with him as a trust. امانة means, the thing committed to the trust and care of a person; also honesty, faithfulness and trustworthiness (Aqrab).
Commentary:
If a scribe is not available, loans may be advanced in the form of pledges, one party receiving the loan of money and the other the thing pledged in lieu of this loan. This form of practical transaction, the verse goes on to explain, will be in the nature of an امانة i.e. a trust or deposit affecting both parties. By classing a loan with a trust, it is hinted that loans should be returned with the same care and the same honesty with which property deposited as a trust is returned on demand.
The words, and conceal not testimony, either refer to the testimony of such witnesses as may be present at the time of the pledge, or it may refer to the testimony of the parties themselves. When no other witness is available, the parties are themselves treated as such and may be called upon to give a true account of the affairs on oath.
The expression, his heart is sinful, signifies that he who conceals testimony commits a sin which has not a temporary effect but vitiates the innermost recesses of his heart. Nay, it is a sign of the fact that his heart has already become vitiated.
b
2:141; 5:107.
213
贷款也可以抵押的方式进行,一方得到贷款而另一方得到作为与此相等的抵押品。这种实际交易方式的性质称为 اَمَانَة (Amanah), 即涉及双方的信托或押金。用一种抵押品来鉴定一笔贷款, 意思是说, 贷款必需小心公正地按约如数归还的同时, 作为抵押品的财产也要以同样精神归还原主。
a
2:141; 5:107.
290
Important Words:
رھان (pledge) is derived from رھن. They say رھن الشیء فلانا او عند فلان i.e. he deposited the thing with him or gave it in his possession as a pledge or security for a debt, etc. راھن is one who makes such a pledge and مرتھن is one who receives it. رھینand مرھون mean, the thing so pledged; the thing placed or kept in custody in lieu of a debt, etc. رھان which is the noun-infinitive from راھن and رھن (rahn) which is the noun-infinitive from رھن (rahana) mean, the act of pledging; also the thing pledged. رھان is also the plural of رھن (Aqrab & Lane).
امانة (trust) and اوتمن (is entrusted) and امن (entrusts) are all derived from the same root. امن means, he trusted or he entrusted. ائتمن فلانا علی کذا means, he trusted him with that; he deposited it with him as a trust. امانة means, the thing committed to the trust and care of a person; also honesty, faithfulness and trustworthiness (Aqrab).
Commentary:
If a scribe is not available, loans may be advanced in the form of pledges, one party receiving the loan of money and the other the thing pledged in lieu of this loan. This form of practical transaction, the verse goes on to explain, will be in the nature of an امانة i.e. a trust or deposit affecting both parties. By classing a loan with a trust, it is hinted that loans should be returned with the same care and the same honesty with which property deposited as a trust is returned on demand.
The words, and conceal not testimony, either refer to the testimony of such witnesses as may be present at the time of the pledge, or it may refer to the testimony of the parties themselves. When no other witness is available, the parties are themselves treated as such and may be called upon to give a true account of the affairs on oath.
The expression, his heart is sinful, signifies that he who conceals testimony commits a sin which has not a temporary effect but vitiates the innermost recesses of his heart. Nay, it is a sign of the fact that his heart has already become vitiated.
a
2:141; 5:107.
355
Loans may also be advanced in the form of pledges, one party receiving the loan of money and the other the thing pledged in lieu of it. This form of practical transaction will be in the nature of an Amanah, i.e. a trust or deposit affecting both parties. By identifying a loan with a trust it is hinted that loans should be returned with the same care and honesty with which property deposited as a trust is returned on demand.
وَلْيَسْتَعْفِفِ ٱلَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّىٰ يُغْنِيَهُمُ ٱللَّهُ مِن فَضْلِهِۦ ۗ وَٱلَّذِينَ يَبْتَغُونَ ٱلْكِتَٰبَ مِمَّا مَلَكَتْ أَيْمَٰنُكُمْ فَكَاتِبُوهُمْ إِنْ عَلِمْتُمْ فِيهِمْ خَيْرًا ۖ وَءَاتُوهُم مِّن مَّالِ ٱللَّهِ ٱلَّذِىٓ ءَاتَىٰكُمْ ۚ وَلَا تُكْرِهُوا۟ فَتَيَٰتِكُمْ عَلَى ٱلْبِغَآءِ إِنْ أَرَدْنَ تَحَصُّنًا لِّتَبْتَغُوا۟ عَرَضَ ٱلْحَيَوٰةِ ٱلدُّنْيَا ۚ وَمَن يُكْرِههُّنَّ فَإِنَّ ٱللَّهَ مِنۢ بَعْدِ إِكْرَٰهِهِنَّ غَفُورٌ رَّحِيمٌ
مُكَاتَبَة (Mukatabah, 解放奴隶的契约) 是一张契约书。根据这一契约, 男女奴隶可以得到释放, 不受他们主人意愿的约束和影响。契约内规定一个数量的钱财或劳动作为奴隶获得自由的代价。
یعنی وہ مال لٹانے والے نہ ہوں یا آوارہ نہ ہوں لیکن اگر مالک راضی نہ ہو تو مکاتبت چاہنے والا غلام قاضی کے ذریعہ سے آزادی حاصل کر سکتا ہے کیونکہ یہ اس کا حق ہے۔
یعنی لونڈیوں کی خواہش نکاح کی ہو تو اس سے انہیں روکو نہیں کیونکہ اس کا نتیجہ فسق و فجور ہوگا۔
یعنی عورتوں کو غلام رکھ کر اپنے گھر کی نوکروں کی مشکل حل نہ کرو۔
یعنی قرآن کریم کا حکم ہے کہ نکاح کرو۔ لیکن اگر مالک اس میں روک بنے تو گناہ اس پر ہوگا نہ کہ عورت پر۔
Mukatabah (deed of manumission) is a written contract by means of which a slave could earn his or her emancipation, independently and irrespective of the fact whether his or her master likes it or not. According to this contract a definite amount of money or labour is fixed as the price of the freedom of the slave.
Important Words:
کاتبوھم (write it for them). کاتب (kataba) is derived from کتب (kataba) which means, he wrote; he made a thing obligatory; or he prescribed a law. کتب اللّٰه لاغلبن انا ورسلی i.e. Allah has decreed or has made it obligatory upon Himself that He and His Messengers will prevail (58:22). کاتب العبد means, he made a written contract with the slave that the latter shall pay a certain sum as the price of his emancipation and then he shall earn his freedom (Lane & Aqrab). This civil written contract by means of which a slave can earn his manumission is called مکاتبة (mukatabat).
تحصنا (keeping chaste) is derived from حصن, meaning, he or it was or became inaccessible, fortified or protected against attack. حصنت المرأة means, the woman was chaste i.e. protected herself against moral or sexual sinfulness. أحصنت المرأة means, the woman got married or she was chaste. تحصن (tahassana) means, he fortified himself or he entered the حصن i.e. fortress; or he protected himself by it; he guarded or protected himself in any way. تحصنت المرأة means, she was chaste (Lane & Aqrab). See also 4:25.
The expression ان علمتم فیھم خیراً (if you know any good in them) may mean (1) if you know that they are fit to work and earn their living; (2) if you know that after their manumission they will become useful members of the society.
Commentary:
We maintain that of all Divine Messengers and Prophets of God, of all Founders of different creeds, Faiths and religious systems, of all social reformers and philanthropists and of all those teachers and leaders of men, who, at any time, in any land and in any form, contributed to the social uplift and moral and spiritual regeneration of humanity, the share of Muhammad, the Holy Prophet of Islam, was by far the largest. And one of the greatest services to mankind of this greatest and noblest of men was his unequivocal and emphatic condemnation of, and the effective measures he took to abolish those social injustices that were practised by one section of humanity against another. His mind rebelled and revolted against the then prevalent idea that man could be bought, sold and treated by man like chattels. His ideal of human brotherhood and the inborn and inherent equality of all men could scarcely be reconciled with the practice of slavery which was so widespread as to have become inextricably interwoven and deeply rooted in the social conditions and ideas of his time. His heart burnt to see the iniquities and enormities practised by man upon man. He grieved and pined for this unfortunate section of humanity. He would, if he could, abolish altogether by a stroke of the pen a system so repugnant and revolting, so destructive of all noble human instincts, of all that distinguishes man from beast and brute. But this institution had become an integral part of the whole fabric of human society in his time. To abolish it all of a sudden was neither wise, nor practicable or even possible. It should have meant a death-blow to the entire existing social order. The sudden emancipation in hundreds of thousands of those persons who having been held in bondage for generations had lost all initiative to lead an independent life, would have seriously told upon the whole moral tone of society. Jobless and workless they would have stooped to all sorts of immoral acts. This was exactly what the Holy Prophet sought to avoid and he did succeed in avoiding it. On the other hand, he laid down precepts and injunctions which were calculated to do away with slavery gradually but surely and effectively.
These injunctions were of two categories:
(i) Temporary provisions bearing upon the general improvement and betterment of the moral and social conditions of the existing slaves and their speedy enfranchisement. Slaves were to be treated as members of the family as long as they were in bondage, and at the same time it was declared as a most heinous crime tantamount to murder to deprive a free man of his freedom and reduce him to slavery (Muslim Kitabul-Iman). But those persons were excepted from this commandment who should themselves incur the loss of their freedom by participating in a war undertaken to destroy Islam and to impose their own beliefs and doctrines upon the Muslims at the point of the sword. Even this denial of freedom to war prisoners was to last only till those prisoners had discharged their share of the guilt, either by paying off their part of the cost of war by getting themselves ransomed or by the Muslims themselves setting them free as an act of favour which the Quran has so repeatedly and emphatically enjoined on them (47:5). See also 23:7.
(ii) Provisions of a permanent nature aiming at the complete and total extinction of slavery in every shape or form. One of such provisions by means of which a slave could earn his emancipation, independently and irrespective of the fact whether his master liked it or not, was that he could enter into a civil written contract with the latter. It is this written contract which is known as mukatabat (deed of manumission) and to which the verse under comment refers. According to this contract a definite amount of money or labour is fixed as the price of the freedom of a slave. After the contract is duly written and attested the slave is considered as manumitted and is free to earn the required amount of money by any legitimate means he likes. After he has paid the whole stipulated sum he is quite free. As to whether the slave is fit to enter into a contract of the above nature with his master is to be decided by the State and not by the master of the slave and also the amount of the money he has to pay and the manner and the time-limit of the payment. No choice is left to the owner if the slave applies for such a contract and the State considers him eligible to it with the conditions and stipulations proposed by it but to accept it. By this excellent arrangement Islam sought to secure to all slaves, who could not otherwise obtain freedom, their full emancipation and liberty, at the same time steering clear of the terrible social and moral evils to which the whole Muslim society would have fallen a helpless victim if slavery had been abolished with a stroke of the pen.
The verse has further urged the wealthy and the rich Muslims to help, with their money, those slaves who enter into mukatabat with their masters, to earn their emancipation.
The words ومن یکرھھن (but if anyone forces them to remain unmarried) signify that the responsibility of keeping them from marriage will be that of their masters. They will not be accountable for this default.
909
مُكَاتَبَة (Mukatabah, 解放奴隶的契约) 是一张契约书。根据这一契约, 男女奴隶可以得到释放, 不受他们主人意愿的约束和影响。契约内规定一个数量的钱财或劳动作为奴隶获得自由的代价。
1
یعنی وہ مال لٹانے والے نہ ہوں یا آوارہ نہ ہوں لیکن اگر مالک راضی نہ ہو تو مکاتبت چاہنے والا غلام قاضی کے ذریعہ سے آزادی حاصل کر سکتا ہے کیونکہ یہ اس کا حق ہے۔
2
یعنی لونڈیوں کی خواہش نکاح کی ہو تو اس سے انہیں روکو نہیں کیونکہ اس کا نتیجہ فسق و فجور ہوگا۔
3
یعنی عورتوں کو غلام رکھ کر اپنے گھر کی نوکروں کی مشکل حل نہ کرو۔
4
یعنی قرآن کریم کا حکم ہے کہ نکاح کرو۔ لیکن اگر مالک اس میں روک بنے تو گناہ اس پر ہوگا نہ کہ عورت پر۔
2616
Important Words:
کاتبوھم (write it for them). کاتب (kataba) is derived from کتب (kataba) which means, he wrote; he made a thing obligatory; or he prescribed a law. کتب اللّٰه لاغلبن انا ورسلی i.e. Allah has decreed or has made it obligatory upon Himself that He and His Messengers will prevail (58:22). کاتب العبد means, he made a written contract with the slave that the latter shall pay a certain sum as the price of his emancipation and then he shall earn his freedom (Lane & Aqrab). This civil written contract by means of which a slave can earn his manumission is called مکاتبة (mukatabat).
تحصنا (keeping chaste) is derived from حصن, meaning, he or it was or became inaccessible, fortified or protected against attack. حصنت المرأة means, the woman was chaste i.e. protected herself against moral or sexual sinfulness. أحصنت المرأة means, the woman got married or she was chaste. تحصن (tahassana) means, he fortified himself or he entered the حصن i.e. fortress; or he protected himself by it; he guarded or protected himself in any way. تحصنت المرأة means, she was chaste (Lane & Aqrab). See also 4:25.
The expression ان علمتم فیھم خیراً (if you know any good in them) may mean (1) if you know that they are fit to work and earn their living; (2) if you know that after their manumission they will become useful members of the society.
Commentary:
We maintain that of all Divine Messengers and Prophets of God, of all Founders of different creeds, Faiths and religious systems, of all social reformers and philanthropists and of all those teachers and leaders of men, who, at any time, in any land and in any form, contributed to the social uplift and moral and spiritual regeneration of humanity, the share of Muhammad, the Holy Prophet of Islam, was by far the largest. And one of the greatest services to mankind of this greatest and noblest of men was his unequivocal and emphatic condemnation of, and the effective measures he took to abolish those social injustices that were practised by one section of humanity against another. His mind rebelled and revolted against the then prevalent idea that man could be bought, sold and treated by man like chattels. His ideal of human brotherhood and the inborn and inherent equality of all men could scarcely be reconciled with the practice of slavery which was so widespread as to have become inextricably interwoven and deeply rooted in the social conditions and ideas of his time. His heart burnt to see the iniquities and enormities practised by man upon man. He grieved and pined for this unfortunate section of humanity. He would, if he could, abolish altogether by a stroke of the pen a system so repugnant and revolting, so destructive of all noble human instincts, of all that distinguishes man from beast and brute. But this institution had become an integral part of the whole fabric of human society in his time. To abolish it all of a sudden was neither wise, nor practicable or even possible. It should have meant a death-blow to the entire existing social order. The sudden emancipation in hundreds of thousands of those persons who having been held in bondage for generations had lost all initiative to lead an independent life, would have seriously told upon the whole moral tone of society. Jobless and workless they would have stooped to all sorts of immoral acts. This was exactly what the Holy Prophet sought to avoid and he did succeed in avoiding it. On the other hand, he laid down precepts and injunctions which were calculated to do away with slavery gradually but surely and effectively.
These injunctions were of two categories:
(i) Temporary provisions bearing upon the general improvement and betterment of the moral and social conditions of the existing slaves and their speedy enfranchisement. Slaves were to be treated as members of the family as long as they were in bondage, and at the same time it was declared as a most heinous crime tantamount to murder to deprive a free man of his freedom and reduce him to slavery (Muslim Kitabul-Iman). But those persons were excepted from this commandment who should themselves incur the loss of their freedom by participating in a war undertaken to destroy Islam and to impose their own beliefs and doctrines upon the Muslims at the point of the sword. Even this denial of freedom to war prisoners was to last only till those prisoners had discharged their share of the guilt, either by paying off their part of the cost of war by getting themselves ransomed or by the Muslims themselves setting them free as an act of favour which the Quran has so repeatedly and emphatically enjoined on them (47:5). See also 23:7.
(ii) Provisions of a permanent nature aiming at the complete and total extinction of slavery in every shape or form. One of such provisions by means of which a slave could earn his emancipation, independently and irrespective of the fact whether his master liked it or not, was that he could enter into a civil written contract with the latter. It is this written contract which is known as mukatabat (deed of manumission) and to which the verse under comment refers. According to this contract a definite amount of money or labour is fixed as the price of the freedom of a slave. After the contract is duly written and attested the slave is considered as manumitted and is free to earn the required amount of money by any legitimate means he likes. After he has paid the whole stipulated sum he is quite free. As to whether the slave is fit to enter into a contract of the above nature with his master is to be decided by the State and not by the master of the slave and also the amount of the money he has to pay and the manner and the time-limit of the payment. No choice is left to the owner if the slave applies for such a contract and the State considers him eligible to it with the conditions and stipulations proposed by it but to accept it. By this excellent arrangement Islam sought to secure to all slaves, who could not otherwise obtain freedom, their full emancipation and liberty, at the same time steering clear of the terrible social and moral evils to which the whole Muslim society would have fallen a helpless victim if slavery had been abolished with a stroke of the pen.
The verse has further urged the wealthy and the rich Muslims to help, with their money, those slaves who enter into mukatabat with their masters, to earn their emancipation.
The words ومن یکرھھن (but if anyone forces them to remain unmarried) signify that the responsibility of keeping them from marriage will be that of their masters. They will not be accountable for this default.
2046
Mukatabah (deed of manumission) is a written contract by means of which a slave could earn his or her emancipation, independently and irrespective of the fact whether his or her master likes it or not. According to this contract a definite amount of money or labour is fixed as the price of the freedom of the slave.