DEBT CONTRACTDEBT CONTRACT

Presented byPresented by Mohni Khan and Misbah Tahir Mohni Khan and Misbah Tahir

The debt contract discussed in Sura The debt contract discussed in Sura Baqarah Ayah 2:282Baqarah Ayah 2:282

“ “O you who believe! When you contract O you who believe! When you contract a debt for a fixed period write it down…”a debt for a fixed period write it down…”

A Tradition of Holy Prophet A Tradition of Holy Prophet (PBUH) says(PBUH) says

Three kinds of people cry out to Allah for help but Three kinds of people cry out to Allah for help but are not answered …..are not answered …..

1)1) Those who have ill tempered wives but do not Those who have ill tempered wives but do not divorced themdivorced them

2)2) Those who are entrusted with the property of Those who are entrusted with the property of orphans, but returned it to them before they orphans, but returned it to them before they attain maturity.attain maturity.

3)3) Those who lend money to others without any Those who lend money to others without any documents or evidencedocuments or evidence

……let a scribe write it down as let a scribe write it down as justice between you…2:282justice between you…2:282

Therefore, the scribe is not allowed to cheat Therefore, the scribe is not allowed to cheat any party of the contract and is to only any party of the contract and is to only record what the parties of the contract record what the parties of the contract agreed to, without addition or deletionagreed to, without addition or deletion

……If the debtor is of poor understanding If the debtor is of poor understanding or weak or is unable to dictate for himself or weak or is unable to dictate for himself

then let guardian dictate in justice…then let guardian dictate in justice…2:2822:282

He is not wise enough to take care of his He is not wise enough to take care of his financial mattersfinancial matters

He is not mentally or physically fit to make He is not mentally or physically fit to make any decision any decision

......and get two witness out of your and get two witness out of your own men and if there are not two own men and if there are not two

men available then one man and two men available then one man and two women ...2:282women ...2:282

This is to make sure that no one will have ill This is to make sure that no one will have ill intentions about this transaction. And the intentions about this transaction. And the reference of two women is mentioned that if reference of two women is mentioned that if one woman forgets other would remind herone woman forgets other would remind her

……llet not the scribe refuse to write, et not the scribe refuse to write, as Allah has taught him, so let him as Allah has taught him, so let him

write…2:282write…2:282

This is referring to people who are incapable This is referring to people who are incapable to write not to refuse if they (person) who to write not to refuse if they (person) who can help to go ahead and helpcan help to go ahead and help

““It is a type of charity to help a worker and to It is a type of charity to help a worker and to do something for a feeble person” (PBUH)do something for a feeble person” (PBUH)

““Whoever kept knowledge to himself will be Whoever kept knowledge to himself will be restrained by a bridle made of fire on the restrained by a bridle made of fire on the day of resurrection” (PBUH)day of resurrection” (PBUH)

……and the witness should not refuse and the witness should not refuse when they are called ...2:282when they are called ...2:282

Ibn Abbas and Al-Hasan Al-Basri said that Ibn Abbas and Al-Hasan Al-Basri said that the obligation include both cases to be a the obligation include both cases to be a witness and testifying to what one witnessed witness and testifying to what one witnessed

……you should not become weary to you should not become weary to write it whether it be small or large, write it whether it be small or large,

for its fixed term …2:282for its fixed term …2:282

Recording such agreements helps the Recording such agreements helps the witnesses, when they see their hand writing witnesses, when they see their hand writing or signatures later on and thus remember or signatures later on and thus remember what they witnessed. This helps repel any what they witnessed. This helps repel any doubt. doubt.

……Save when it is present trade which Save when it is present trade which you carry out on the spot among you carry out on the spot among

yourselves, then there is no sin on you if yourselves, then there is no sin on you if you do not write it down…2:282you do not write it down…2:282

As for requiring witnesses to be present in As for requiring witnesses to be present in trading transitionstrading transitions

……let neither scribe nor witness suffer let neither scribe nor witness suffer any harm but if you do (Such harm), it any harm but if you do (Such harm), it would be wicked ness in you…2:282would be wicked ness in you…2:282

No one should be forced to become a scribe No one should be forced to become a scribe or a witness against his will and no one or a witness against his will and no one should harass scribe or the witness just should harass scribe or the witness just because he gave true evidence against the because he gave true evidence against the interest of the party. One should be fearful interest of the party. One should be fearful of Allah as he is all knowing.of Allah as he is all knowing.

……and if you are on a journey and and if you are on a journey and cannot find a scribe let their be a cannot find a scribe let their be a

pledge taken…2:283pledge taken…2:283

If you are on a journey and cannot find a scribe write If you are on a journey and cannot find a scribe write the document, then transact your business on the the document, then transact your business on the security of a pledge at hand. And if anyone security of a pledge at hand. And if anyone transact a piece of business with another merely transact a piece of business with another merely on trust, then the one who is trusted should fulfill on trust, then the one who is trusted should fulfill his trust and fear Allah his Lord. And never his trust and fear Allah his Lord. And never conceal evidence for he who conceal it has a conceal evidence for he who conceal it has a sinful heart Allah know everything you dosinful heart Allah know everything you do

Concluding notesConcluding notes

All matters of transactions should be followed All matters of transactions should be followed according to Quran and Sunnah. All according to Quran and Sunnah. All contracts big or small should be written. If contracts big or small should be written. If witnesses are available they should be witnesses are available they should be present. We all need to be fair in all our present. We all need to be fair in all our matters as Allah is all knowing and all matters as Allah is all knowing and all aware.aware.

THE ENDTHE END