اَلَّذِیۡنَ یُنۡفِقُوۡنَ اَمۡوَالَہُمۡ بِالَّیۡلِ وَ النَّہَارِ سِرًّا وَّ عَلَانِیَۃً فَلَہُمۡ اَجۡرُہُمۡ عِنۡدَ رَبِّہِمۡ ۚ وَ لَا خَوۡفٌ عَلَیۡہِمۡ وَ لَا ہُمۡ یَحۡزَنُوۡنَ ﴿۲۷۵﴾ؔ
ٱلَّذِينَ يُنفِقُونَ أَمۡوَٰلَهُم بِٱلَّيۡلِ وَٱلنَّهَارِ سِرّٗا وَعَلَانِيَةٗ فَلَهُمۡ أَجۡرُهُمۡ عِندَ رَبِّهِمۡ وَلَا خَوۡفٌ عَلَيۡهِمۡ وَلَا هُمۡ يَحۡزَنُونَ
b. 13:23; 14:32; 16:76; 35:30. (close)
a. 13:23; 14:32; 16:76; 35:30. (close)
281. Important Words:
عند (with) signifies, with, besides, at, near, by, or in the presence of, etc. It also implies possession, as one says عنده خیروفضلi.e. he possesses goodness and excellence. ملوك الارض عند الله تراب means, the kings of the earth are like dust compared with God. عند also signifies, in one’s mind, or in one’s opinion or estimation (Aqrab & Lane).
Islamic commandments have been so made as to meet the exigencies of all times and all seasons. For instance, lunar months which rotate all through the year, have been appointed for the observance of fasts and the performance of Pilgrimage, so that Muslims may keep fasts and perform Pilgrimage both in summer and winter, spring and autumn. Similarly, the five daily Prayers and the two supererogatory Prayers––تھجد (tahajjud) and ضحی (duha), which are said respectively in the latter part of the night and in the forenoon, are so timed that a Muslim practically performs Prayers at all hours of the day and night. Similarly, charity is to be performed during both day and night, so that this righteous act of man may cover every hour of his life.
Observe also the beautiful order of the words. The word "secretly" corresponds to night, and the word "openly" to day. Thus a Muslim has to expend his wealth in the cause of Allah not only in such a way and at such a time that others may be induced to follow his good example by noticing his charity, but also at such time and in such a way that even the recipient of his charity may not know the donor.
It may be noted here that alms are of two kinds: (1) obligatory زکوة (Zakah), and (2) supererogatory صدقه (Sadaqah). Zakah is collected by the state from every man of a prescribed measure of wealth and is then spent by the state on helping the poor and needy, orphans, widows and wayfarers, etc. In this case, the recipients do not know any particular donor and thus preserve their sense of self-respect. But as Zakah is collected by the state, people are apt to look upon it as a tax and not as charity. So Islam has instituted Sadaqah also which is voluntary and is given to individuals out of a desire to help the poor and needy. Thus Sadaqah engenders feelings of sympathy among the well-to-do towards their brethren and feelings of gratefulness among the poor for their benefactors. It also serves to distinguish sincere believers from the insincere. (close)
اَلَّذِیۡنَ یَاۡکُلُوۡنَ الرِّبٰوا لَا یَقُوۡمُوۡنَ اِلَّا کَمَا یَقُوۡمُ الَّذِیۡ یَتَخَبَّطُہُ الشَّیۡطٰنُ مِنَ الۡمَسِّ ؕ ذٰلِکَ بِاَنَّہُمۡ قَالُوۡۤا اِنَّمَا الۡبَیۡعُ مِثۡلُ الرِّبٰوا ۘ وَ اَحَلَّ اللّٰہُ الۡبَیۡعَ وَ حَرَّمَ الرِّبٰوا ؕ فَمَنۡ جَآءَہٗ مَوۡعِظَۃٌ مِّنۡ رَّبِّہٖ فَانۡتَہٰی فَلَہٗ مَا سَلَفَ ؕ وَ اَمۡرُہٗۤ اِلَی اللّٰہِ ؕ وَ مَنۡ عَادَ فَاُولٰٓئِکَ اَصۡحٰبُ النَّارِ ۚ ہُمۡ فِیۡہَا خٰلِدُوۡنَ ﴿۲۷۶﴾
ٱلَّذِينَ يَأۡكُلُونَ ٱلرِّبَوٰاْ لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ ٱلَّذِي يَتَخَبَّطُهُ ٱلشَّيۡطَٰنُ مِنَ ٱلۡمَسِّۚ ذَٰلِكَ بِأَنَّهُمۡ قَالُوٓاْ إِنَّمَا ٱلۡبَيۡعُ مِثۡلُ ٱلرِّبَوٰاْۗ وَأَحَلَّ ٱللَّهُ ٱلۡبَيۡعَ وَحَرَّمَ ٱلرِّبَوٰاْۚ فَمَن جَآءَهُۥ مَوۡعِظَةٞ مِّن رَّبِّهِۦ فَٱنتَهَىٰ فَلَهُۥ مَا سَلَفَ وَأَمۡرُهُۥٓ إِلَى ٱللَّهِۖ وَمَنۡ عَادَ فَأُوْلَـٰٓئِكَ أَصۡحَٰبُ ٱلنَّارِۖ هُمۡ فِيهَا خَٰلِدُونَ
c. 3:131; 30:40. (close)
350. Riba literally meaning, an excess or addition, signifies an addition over and above the principal sum (Lane). It covers both usury and interest. According to the Hadith "every loan advanced to draw profits" comes under this definition. The connotation of Riba is not strictly identical with "interest," as commonly understood. But for lack of a better word "interest" may be used as a rough equivalent. In fact, any sum stipulated to be received or given over and above what one advances or receives as a loan is "interest," whether the dealing is with an individual or a bank or a society or a post office or any other organisation. "Interest" is not confined to money. It extends to any commodity which is given as a loan with the condition that it will be returned with an agreed excess. (close)
351. The words signify that just as a mad man is heedless of the consequences of his actions, so are the moneylenders heartlessly oblivious of the moral and economic injury they do to individuals, the society and even the world at large. Riba also causes a touch of insanity in the moneylender in the sense that his entire engrossment in profit-making renders him insensible to all good causes. Riba is prohibited in Islam because it tends to draw wealth into the hands of a small circle and thereby adversely affects its equitable distribution. It promotes idleness in the moneylenders and kills in them all incentive to help others and chokes all springs of sympathetic behaviour. The moneylender takes advantage of, and makes profit from, the need and distress of others. While on the one hand Riba causes the lender to exploit other people’s wants, it creates in the debtor a tendency to do things carelessly and in haste, incurring debt regardless of his capacity to pay back, thus doing irreparable moral injury to himself and the lender. Riba also leads to war. No prolonged war is possible without the help of loans, interest on which eventually leads to the economic ruin of both the victors and the vanquished. The system of easy loans makes it possible for governments to carry on destructive struggles as they can obtain sinews of war without having resort to direct taxation. Islam has prohibited all kinds of interest. In modern times business has become so inseparably linked with interest that it appears well-nigh impossible to avoid it altogether. But if a change of system and of surroundings and circumstances were brought about, business without interest could be carried on, as was the case in the days when Islam was in the ascendance. (close)
a. 3:131; 30:40. (close)
282. Important Words:
ربوا (interest) is derived from ربا. They say رباالمال i.e. the money or property increased and became augmented. ربواmeans, an excess and an addition; an addition over and above the principal sum; interest. The hadith defines ربوا as کل قرض جرمنفعة فھوربا i.e. every loan advanced to draw profit comes under the definition of interest (Saghir).
یتخبطه (has smitten) is derived from خبطه i.e. he struck or beat him violently; he trod him under his feet vehemently. خبط اللیل means, he walked about in the darkness of the night without finding the true way. تخبطه means, he struck or beat him violently. تخبطه الشیطان means, Satan struck him and afflicted him with hurt or injury; Satan prostrated him (Aqrab).
المس (insanity) is derived from مس. They say مسه i.e. he touched it; or he touched it with his hand. من المرض اوالکبر فلانا means, disease or old age touched him, i.e. came on him. مسه الشیطان بنصب وعذاب means, Satan brought pain and trouble on him. المسmeans, any pain or trouble, etc. that comes to a man by coming in contact with someone or something; it also signifies madness or insanity (Aqrab & Lane).
The prohibition against lending money on interest is preceded by a long exhortation to exercise charity. When a person becomes accustomed to spending his wealth in charity and alms, it becomes easier for him to lend money free of interest.
The Quran prohibits all kinds of interest. In modern times, however, business has become so inseparably mixed up with interest that it appears impossible to avoid interest altogether. But if a change of system as well as of surroundings and circumstances were brought about, business without interest would establish itself in the world as was the case in the days when Islam was in ascendancy.
The clause, those who devour interest do not rise except as rises one whom Satan has smitten with inanity, means that just as a madman does not see the consequences of his actions, similarly those who lend money at interest become careless of consequences. They keep in view only their own immediate interests and do not care, and in fact generally become incapable of caring, for the great harm which they do to society and the world at large. Interest also encourages a person or a government to incur debt beyond his or its capacity and in this way also blinds them to consequences. Another way in which interest causes a touch of insanity is to weaken the sense of goodness and beneficence in man by making him over-engrossed in money-making. Interest also leads to war. Money-lenders are always creating circumstances which may cause conflict between one nation and another so that war may break out and the belligerent nations may be compelled to borrow money from them. Interest also helps to prolong war by encouraging belligerent nations to borrow money beyond their capacity. Again, interest helps the accumulation of wealth in a few hands and thereby most injuriously affects the distribution of wealth and the balance of society. Yet another manifestation of madness caused by interest is that those who pay interest have their sense of dignity lowered and they contract the habit of carelessness and hastiness, thus acquiring a resemblance to one stricken by madness. See also 2:280 below.
The words, trade also is like interest, represent the pet argument of the supporters of interest. They say interest is nothing but a form of trade. Just as in trade one invests money with a view to increasing and multiplying it, so does one in lending money at interest. But deeper thinking would reveal that there is a world of difference between the two. While interest is attended by all the evil consequences briefly referred to above, trade is not.
The words, then will that which he received in the past be his, mean that if one accepts guidance from God and desists from charging interest in future, the past will be forgiven him and God will make good the loss he may thus suffer by other means.
It should be remembered that any sum stipulated to be received or given over and above what one advances or receives as a loan is interest, whether the dealing is with an individual or a bank or a society or a post office or any other organisation. Interest is not confined to money. It extends to any commodity which is given as a loan with the condition that it will be returned with an agreed excess.
Finally, it may be noted that in view of the peculiar conditions of the present times, when there is a vicious network of the interest system surrounding us and Islam is in a greatly weakened condition, the Holy Founder of the Ahmadiyya Movement has declared that if a person is forced to accept interest, he may do so and then spend the money thus received on (a) the propagation of Islam, and (b) paying off any interest that he may similarly be forced to pay. He should, however, scrupulously avoid spending such money on himself or his family or using it in any other way (Fatawa & Al-Fadl). (close)
یَمۡحَقُ اللّٰہُ الرِّبٰوا وَ یُرۡبِی الصَّدَقٰتِ ؕ وَ اللّٰہُ لَا یُحِبُّ کُلَّ کَفَّارٍ اَثِیۡمٍ ﴿۲۷۷﴾
يَمۡحَقُ ٱللَّهُ ٱلرِّبَوٰاْ وَيُرۡبِي ٱلصَّدَقَٰتِۗ وَٱللَّهُ لَا يُحِبُّ كُلَّ كَفَّارٍ أَثِيمٍ
352. This seems to be a prophecy that economics based on interest will eventually disappear or will be destroyed. (close)
a. 30:40. (close)
a. 30:40. (close)
283. Important Words:
یمحق (abolish) is derived from محق which means, he abolished or annulled or obliterated a thing; he annihilated it; he rendered a thing deficient and deprived it of its blessing of increase (Aqrab).
یربی (will cause to increase) is from the same root as ربا (interest) for which see 2:276.
The verse hints not only that Allah is abolishing interest and declaring it to be unlawful but that a time is coming when interest will he blotted out from the world and charity and alms will take its place. This promise was first fulfilled by the ascendancy of Islam in the East and the West, and now that the Promised Messiah, with whose advent the second and universal rise of Islam has been prophesied, has appeared, the promise will again be fulfilled by the re-ascendancy of Islam in the four corners of the world.
The words, Allah will abolish interest and will cause charity to increase, also contain the secret of world prosperity. If nations desire to prosper, they should stop the giving and taking of interest and practise charity instead. It is of interest to note that the word یربی (will cause to increase) is from the same root as ربا (interest). The clause thus beautifully hints that whereas the world looks upon the taking of interest as a means of increase, the real means thereof lies in charity. The words also mean that God, in His dealings with men, will deal kindly by those who spend their wealth in charity so that they will eventually prosper and thrive, while those who lend or borrow money at interest will be punished by God. (close)
اِنَّ الَّذِیۡنَ اٰمَنُوۡا وَ عَمِلُوا الصّٰلِحٰتِ وَ اَقَامُوا الصَّلٰوۃَ وَ اٰتَوُا الزَّکٰوۃَ لَہُمۡ اَجۡرُہُمۡ عِنۡدَ رَبِّہِمۡ ۚ وَ لَا خَوۡفٌ عَلَیۡہِمۡ وَ لَا ہُمۡ یَحۡزَنُوۡنَ ﴿۲۷۸﴾
إِنَّ ٱلَّذِينَ ءَامَنُواْ وَعَمِلُواْ ٱلصَّـٰلِحَٰتِ وَأَقَامُواْ ٱلصَّلَوٰةَ وَءَاتَوُاْ ٱلزَّكَوٰةَ لَهُمۡ أَجۡرُهُمۡ عِندَ رَبِّهِمۡ وَلَا خَوۡفٌ عَلَيۡهِمۡ وَلَا هُمۡ يَحۡزَنُونَ
b. See 2:4. (close)
a. See 2:4. (close)
The verse points out that abstaining from interest and giving money in charity are highly righteous deeds and the righteous will have their reward with God. The verse also declares that in order to attain salvation (1) one must have true faith, and (2) do righteous deeds; and of the righteous deeds the verse singles out the two most important ones: firstly, the observance of Prayers, which pertains to the rights of God; and secondly, the giving of Zakah which pertains to the rights of men. The noble spirit underlying the commandment relating to Zakah runs counter to the evil spirit underlying the practice of giving and taking interest. (close)
یٰۤاَیُّہَا الَّذِیۡنَ اٰمَنُوا اتَّقُوا اللّٰہَ وَ ذَرُوۡا مَا بَقِیَ مِنَ الرِّبٰۤوا اِنۡ کُنۡتُمۡ مُّؤۡمِنِیۡنَ ﴿۲۷۹﴾
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ ٱتَّقُواْ ٱللَّهَ وَذَرُواْ مَا بَقِيَ مِنَ ٱلرِّبَوٰٓاْ إِن كُنتُم مُّؤۡمِنِينَ
The verse hints that the taking of interest is against God-fearingness. The Creator loves goodness and beneficence towards the poor and the needy, fair and equitable distribution of wealth among people, and peace among the nations of the world; but the system of interest strikes at the very root of these blessings. The closing words of the verse hint that the taking of interest is also against true belief. (close)
فَاِنۡ لَّمۡ تَفۡعَلُوۡا فَاۡذَنُوۡا بِحَرۡبٍ مِّنَ اللّٰہِ وَ رَسُوۡلِہٖ ۚ وَ اِنۡ تُبۡتُمۡ فَلَکُمۡ رُءُوۡسُ اَمۡوَالِکُمۡ ۚ لَا تَظۡلِمُوۡنَ وَ لَا تُظۡلَمُوۡنَ ﴿۲۸۰﴾
فَإِن لَّمۡ تَفۡعَلُواْ فَأۡذَنُواْ بِحَرۡبٖ مِّنَ ٱللَّهِ وَرَسُولِهِۦۖ وَإِن تُبۡتُمۡ فَلَكُمۡ رُءُوسُ أَمۡوَٰلِكُمۡ لَا تَظۡلِمُونَ وَلَا تُظۡلَمُونَ
286. Important Words:
فاذنوا (then beware of) is derived from اذن. They say اذن له i.e. he gave ear or listened to it or him; he permitted, or allowed him. أذن بالشیء means, he knew the thing; or he became informed or apprised of it. آذنه بالامر means, he made him to know the thing; or he notified or announced it to him. أذن (adhdhana) or تأذن (ta’adhdhana) means, he made known or notified or announced (Lane).
حرب (war) is from حرب. They say حربه i.e. he despoiled him of his wealth and property, leaving him without anything. حرب (hariba) means, he became greatly angry, or wrathful. الحرب means, war; hostilities (Aqrab).
رؤس اموالکم (your original sums). رؤس is the plural of رأس meaning: (1) head; (2) the upper or higher part or end of a thing; (3) chief or leader of a society. رأس الشھر means, the first day of the month. The word رأس also signifies the thing itself; as they say ھوقسم برأسه i.e. this is an independent species in itself. رأس المال means, the original sum without interest; principal; capital. The Arabs say اقرضنی عشرة برؤسھا i.e. he lent me a loan of ten pieces of money without interest (Aqrab & Lane).
The verse declares that the taking of interest is tantamount to waging war against God. It may be inferred from this that those among Muslims who lend money at interest, should be boycotted by the rest of the community. History bears testimony to the fact that such Muslim States as borrowed or lent money at interest were ruined.
It is often objected that no trade or commerce is possible without interest. This is not correct. There is no natural relation between trade and interest. The latter has become unconsciously associated with the former, as Western countries have based their commercial system on credit. If this had not been so, commerce would not have been dependent upon interest. Only a few hundred years ago, Muslims were responsible for a large part of the world’s commerce, and yet they carried it on without interest. They used to borrow money even from the poorer classes by way of partnership loans, and the commerce carried on by them thus contributed directly to the welfare of those classes. Interest is not at all essential for commerce, but as commerce is now being carried on, on the basis of interest, it appears as if without interest it would come to a standstill. No doubt, a change in the system would at first be inconvenient but the system of commerce depending upon interest can certainly be discarded.
Interest is, in fact, a leech which is fast sucking away the blood of humanity, especially of the lower and middle classes. Even the upper classes are not entirely secure against its poison, but they are deriving a false enjoyment from it like the proverbial leopard who ate away his own tongue by rubbing it against a rough stone, foolishly thinking it to be the blood and flesh of another animal. Unfortunately those who are willing to forego it are too weak to withstand the force of the current system.
The system of credit prevailing in Western countries is destructive to the peace of the world in two ways. On the one hand, it helps the accumulation of wealth in a few hands and, on the other, it facilitates war. No government can be imagined as entering upon a great war unless it relies upon its ability to raise money by means of loans carrying interest. Long and devastating wars are made possible only by the institution of interest. If huge loans on interest were not possible, many countries would refuse to enter what appeared to be a long war; and if they entered such wars at all, they would certainly hasten to withdraw from them long before they actually terminated, for their treasuries would become empty and their people would revolt in protest against the criminal waste of men and money. But the system of what appear to be easy loans makes it possible for governments to carry on ruinous struggles as they are able to obtain the sinews of war without having to resort to a system of direct taxation. The people of belligerent countries do not, at the moment, feel the burden which is laid on their backs, but after the war is over their backs are bent double under the staggering weight of national debts and future generations are kept busy reducing the weight. Take, for instance, the case of the last Great War. If huge loans had not been possible, the result of the war would still have been the same, but the devastation and the heavy indebtedness of the different countries would have been avoided. Nay, the War itself might have been avoided; and even if it had taken place, the belligerents would soon have been exhausted, peace would have been signed within a year, and the world would have proceeded on its forward march of progress. A worse fate is perhaps awaiting the Western countries at the termination of the present World War. (close)
وَ اِنۡ کَانَ ذُوۡ عُسۡرَۃٍ فَنَظِرَۃٌ اِلٰی مَیۡسَرَۃٍ ؕ وَ اَنۡ تَصَدَّقُوۡا خَیۡرٌ لَّکُمۡ اِنۡ کُنۡتُمۡ تَعۡلَمُوۡنَ ﴿۲۸۱﴾
وَإِن كَانَ ذُو عُسۡرَةٖ فَنَظِرَةٌ إِلَىٰ مَيۡسَرَةٖۚ وَأَن تَصَدَّقُواْ خَيۡرٞ لَّكُمۡ إِن كُنتُمۡ تَعۡلَمُونَ
353. Islam urges the giving of loans but they should be beneficent loans, without interest. If the debtor finds himself in straitened circumstances when the time for the repayment of a loan arrives, he should be granted respite till he finds himself in easier circumstances. (close)
The preceding verse enjoined the taking back of the original sums only. The present verse further exhorts the creditor to grant delay to a debtor in straitened circumstances.
Creditors are exhorted to deal kindly and beneficently with their brethren so that God may also (deal with them kindly. They should remember that if they have advanced loans to others, God has also advanced certain loans to them by conferring on them His numberless favours and bounties; and if they have a right to charge interest, God has also a right to make heavy demands from them, but He does not. And if He did, what would be the fate of man? (close)
وَ اتَّقُوۡا یَوۡمًا تُرۡجَعُوۡنَ فِیۡہِ اِلَی اللّٰہِ ٭۟ ثُمَّ تُوَفّٰی کُلُّ نَفۡسٍ مَّا کَسَبَتۡ وَ ہُمۡ لَا یُظۡلَمُوۡنَ ﴿۲۸۲﴾٪
وَٱتَّقُواْ يَوۡمٗا تُرۡجَعُونَ فِيهِ إِلَى ٱللَّهِۖ ثُمَّ تُوَفَّىٰ كُلُّ نَفۡسٖ مَّا كَسَبَتۡ وَهُمۡ لَا يُظۡلَمُونَ
a. See 2:273. (close)
The verse sums up the discussion on the subject of taking interest by warning the people that the day is coming when they will be made to stand before God and render an account of their deeds. They should remember the principle, "Do as you would be done by". The Holy Prophet is reported to have said,
"None of you can be deemed to be a true believer, unless he likes for his brother what he likes for himself" (Bukhari & Muslim). (close)
یٰۤاَیُّہَا الَّذِیۡنَ اٰمَنُوۡۤا اِذَا تَدَایَنۡتُمۡ بِدَیۡنٍ اِلٰۤی اَجَلٍ مُّسَمًّی فَاکۡتُبُوۡہُ ؕ وَ لۡیَکۡتُبۡ بَّیۡنَکُمۡ کَاتِبٌۢ بِالۡعَدۡلِ ۪ وَ لَا یَاۡبَ کَاتِبٌ اَنۡ یَّکۡتُبَ کَمَا عَلَّمَہُ اللّٰہُ فَلۡیَکۡتُبۡ ۚ وَ لۡیُمۡلِلِ الَّذِیۡ عَلَیۡہِ الۡحَقُّ وَ لۡیَتَّقِ اللّٰہَ رَبَّہٗ وَ لَا یَبۡخَسۡ مِنۡہُ شَیۡئًا ؕ فَاِنۡ کَانَ الَّذِیۡ عَلَیۡہِ الۡحَقُّ سَفِیۡہًا اَوۡ ضَعِیۡفًا اَوۡ لَا یَسۡتَطِیۡعُ اَنۡ یُّمِلَّ ہُوَ فَلۡیُمۡلِلۡ وَلِیُّہٗ بِالۡعَدۡلِ ؕ وَ اسۡتَشۡہِدُوۡا شَہِیۡدَیۡنِ مِنۡ رِّجَالِکُمۡ ۚ فَاِنۡ لَّمۡ یَکُوۡنَا رَجُلَیۡنِ فَرَجُلٌ وَّ امۡرَاَتٰنِ مِمَّنۡ تَرۡضَوۡنَ مِنَ الشُّہَدَآءِ اَنۡ تَضِلَّ اِحۡدٰٮہُمَا فَتُذَکِّرَ اِحۡدٰٮہُمَا الۡاُخۡرٰی ؕ وَ لَا یَاۡبَ الشُّہَدَآءُ اِذَا مَا دُعُوۡا ؕ وَ لَا تَسۡـَٔمُوۡۤا اَنۡ تَکۡتُبُوۡہُ صَغِیۡرًا اَوۡ کَبِیۡرًا اِلٰۤی اَجَلِہٖ ؕ ذٰلِکُمۡ اَقۡسَطُ عِنۡدَ اللّٰہِ وَ اَقۡوَمُ لِلشَّہَادَۃِ وَ اَدۡنٰۤی اَلَّا تَرۡتَابُوۡۤا اِلَّاۤ اَنۡ تَکُوۡنَ تِجَارَۃً حَاضِرَۃً تُدِیۡرُوۡنَہَا بَیۡنَکُمۡ فَلَیۡسَ عَلَیۡکُمۡ جُنَاحٌ اَلَّا تَکۡتُبُوۡہَا ؕ وَ اَشۡہِدُوۡۤا اِذَا تَبَایَعۡتُمۡ ۪ وَ لَا یُضَآرَّ کَاتِبٌ وَّ لَا شَہِیۡدٌ ۬ؕ وَ اِنۡ تَفۡعَلُوۡا فَاِنَّہٗ فُسُوۡقٌۢ بِکُمۡ ؕ وَ اتَّقُوا اللّٰہَ ؕ وَ یُعَلِّمُکُمُ اللّٰہُ ؕ وَ اللّٰہُ بِکُلِّ شَیۡءٍ عَلِیۡمٌ ﴿۲۸۳﴾
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓاْ إِذَا تَدَايَنتُم بِدَيۡنٍ إِلَىٰٓ أَجَلٖ مُّسَمّٗى فَٱكۡتُبُوهُۚ وَلۡيَكۡتُب بَّيۡنَكُمۡ كَاتِبُۢ بِٱلۡعَدۡلِۚ وَلَا يَأۡبَ كَاتِبٌ أَن يَكۡتُبَ كَمَا عَلَّمَهُ ٱللَّهُۚ فَلۡيَكۡتُبۡ وَلۡيُمۡلِلِ ٱلَّذِي عَلَيۡهِ ٱلۡحَقُّ وَلۡيَتَّقِ ٱللَّهَ رَبَّهُۥ وَلَا يَبۡخَسۡ مِنۡهُ شَيۡـٔٗاۚ فَإِن كَانَ ٱلَّذِي عَلَيۡهِ ٱلۡحَقُّ سَفِيهًا أَوۡ ضَعِيفًا أَوۡ لَا يَسۡتَطِيعُ أَن يُمِلَّ هُوَ فَلۡيُمۡلِلۡ وَلِيُّهُۥ بِٱلۡعَدۡلِۚ وَٱسۡتَشۡهِدُواْ شَهِيدَيۡنِ مِن رِّجَالِكُمۡۖ فَإِن لَّمۡ يَكُونَا رَجُلَيۡنِ فَرَجُلٞ وَٱمۡرَأَتَانِ مِمَّن تَرۡضَوۡنَ مِنَ ٱلشُّهَدَآءِ أَن تَضِلَّ إِحۡدَىٰهُمَا فَتُذَكِّرَ إِحۡدَىٰهُمَا ٱلۡأُخۡرَىٰۚ وَلَا يَأۡبَ ٱلشُّهَدَآءُ إِذَا مَا دُعُواْۚ وَلَا تَسۡـَٔمُوٓاْ أَن تَكۡتُبُوهُ صَغِيرًا أَوۡ كَبِيرًا إِلَىٰٓ أَجَلِهِۦۚ ذَٰلِكُمۡ أَقۡسَطُ عِندَ ٱللَّهِ وَأَقۡوَمُ لِلشَّهَٰدَةِ وَأَدۡنَىٰٓ أَلَّا تَرۡتَابُوٓاْ إِلَّآ أَن تَكُونَ تِجَٰرَةً حَاضِرَةٗ تُدِيرُونَهَا بَيۡنَكُمۡ فَلَيۡسَ عَلَيۡكُمۡ جُنَاحٌ أَلَّا تَكۡتُبُوهَاۗ وَأَشۡهِدُوٓاْ إِذَا تَبَايَعۡتُمۡۚ وَلَا يُضَآرَّ كَاتِبٞ وَلَا شَهِيدٞۚ وَإِن تَفۡعَلُواْ فَإِنَّهُۥ فُسُوقُۢ بِكُمۡۗ وَٱتَّقُواْ ٱللَّهَۖ وَيُعَلِّمُكُمُ ٱللَّهُۗ وَٱللَّهُ بِكُلِّ شَيۡءٍ عَلِيمٞ
b. 96:5. (close)
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. (close)
a. 4:30. (close)
354A. The implication is that it would be better to have a writing even in such a case like cash memo or voucher. (close)
354B. This refers to big transactions. (close)
a. 96:5. (close)
b. 4:30. (close)
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.
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. (close)
وَ اِنۡ کُنۡتُمۡ عَلٰی سَفَرٍ وَّ لَمۡ تَجِدُوۡا کَاتِبًا فَرِہٰنٌ مَّقۡبُوۡضَۃٌ ؕ فَاِنۡ اَمِنَ بَعۡضُکُمۡ بَعۡضًا فَلۡیُؤَدِّ الَّذِی اؤۡتُمِنَ اَمَانَتَہٗ وَ لۡیَتَّقِ اللّٰہَ رَبَّہٗ ؕ وَ لَا تَکۡتُمُوا الشَّہَادَۃَ ؕ وَ مَنۡ یَّکۡتُمۡہَا فَاِنَّہٗۤ اٰثِمٌ قَلۡبُہٗ ؕ وَ اللّٰہُ بِمَا تَعۡمَلُوۡنَ عَلِیۡمٌ ﴿۲۸۴﴾٪
۞وَإِن كُنتُمۡ عَلَىٰ سَفَرٖ وَلَمۡ تَجِدُواْ كَاتِبٗا فَرِهَٰنٞ مَّقۡبُوضَةٞۖ فَإِنۡ أَمِنَ بَعۡضُكُم بَعۡضٗا فَلۡيُؤَدِّ ٱلَّذِي ٱؤۡتُمِنَ أَمَٰنَتَهُۥ وَلۡيَتَّقِ ٱللَّهَ رَبَّهُۥۗ وَلَا تَكۡتُمُواْ ٱلشَّهَٰدَةَۚ وَمَن يَكۡتُمۡهَا فَإِنَّهُۥٓ ءَاثِمٞ قَلۡبُهُۥۗ وَٱللَّهُ بِمَا تَعۡمَلُونَ عَلِيمٞ
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. (close)
a. 2:141; 5:107. (close)
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).
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. (close)