Commentary
And when He, glorified and exalted is He, prohibited usury, and it was one of their transactions, while other forms of debt were permitted, and it is one of the types of spending, with its inclusion in the demand for the principal amounts, He followed that with the verse of debt. Also, when He, glorified and exalted is He, mentioned in wealth two matters that diminish it outwardly and purify it inwardly: charity and abandoning usury, and He permitted the principal amounts and commanded to give respite in hardship, and concluded with a threat. This perhaps made the debtor greedy for something of the debt, even with a claim of hardship. The state of a person, due to his deficiency, necessitated guidance to preserve lawful wealth and protect it from corruption, and to alert him to the manner of securing it. He said: "O you who have believed," like what preceded it, "when you contract a debt," from the term 'contracting debt,' which is an interaction between two parties regarding the debt. The debt in the apparent matter is a transaction based on delay, just as the debt in the broken sense between the servant and Allah, glorified and exalted is He, is a transaction based on delay. This was stated by al-Harali. That is, you have established that between yourselves. The debt is an amount owed in the liability, whether it is deferred or not, and it is contrary to the present and the eye. And He said: "with a debt," with the implication of the action upon it to exclude the sale of debt for debt, because it is a transaction involving two debts. Al-Harali said: Thus, in informing them, that is, by bringing the phrase "when" because they must contract debts, as it is a time that is awaited in most of its meanings. It has ended. And He guided to its regulation by time, indicating that it is permissible for it to be immediate, and that the term is the limited time, and its origin is delay. If it is unknown, it is invalid by His saying: "until a specified term." Al-Harali said: From the specification, which is the declaration of the thing by its name for hearing, in the sense of the depicted, and it is the declaration of the thing by its form in the eye.
And when Allah, glorified and exalted is He, who is the All-Knowing, the All-Aware, has established His tradition in His religion through writing, He commanded His angels, who are the trustworthy and just, to record the deeds of creation for wisdoms and benefits that are not hidden. He sent down His noble Book as a testimony for them and against them regarding what they will be given on the Day of Judgment of reward and punishment, to cut off their excuses. He commanded them that their actions in religion should be as His actions in religion. So He guided them to record what occurs among them of transactions, so that this does not lead to disputes. Allah, glorified and exalted is He, said as a guidance, not as an obligation: 'So let it be written.' And in mentioning the term of time, there is an indication of the resurrection, which the promise of fulfillment has been made regarding it: 'Did you think that We created you in vain and that you would not be returned to Us?' [Al-Mu'minun: 115] 'Then He decreed a term, and a term appointed with Him.' [Al-An'am: 2] And when He commanded writing, the intention was to obtain it in general, not from anyone in particular, because most people do not know how to do it. He followed it with guidance to the choice of the writer by saying: 'And let a scribe write between you.' That is, the mentioned debt. 'Let him write,' even if he is a boy or a servant, writing accompanied 'with justice,' following the example of Him, glorified and exalted is He, in His angels. 'And indeed, there are over you guardians' [Al-Infitar: 10] 'noble recorders' [Al-Infitar: 11] 'by the hands of noble scribes' [Abasa: 15] 'noble and righteous' [Abasa: 16]. And when He guided to the choice of the writer, He preceded him with a prohibition to avert mischief, then the command. He said: 'And let not a scribe refuse to write' that which he has been urged to write 'as Allah has taught him.' That is, for the sake of that which he is free from and from others (p-151) of His creation, as gratitude [to Him] for that blessing. And the writing of something like the writing that Allah, glorified and exalted is He, taught him does not diminish anything from it. 'So let him write.' And in that is a reminder of the effort in giving advice that comes with difficulty. And when that was the case, and it is necessary to have a person dictating, He clarified who is valid to dictate for the written. He said: 'And let the one who has the right dictate.' This is the one who has the right to witness it. And when souls are inclined towards the love of monopolizing over others, He warned them against what is not permissible of that. He said: 'And let him fear Allah.' He expressed with the greatest name to be more effective in admonishing the one commanded. Then He said: 'His Lord,' reminding that He, due to His kindness, does not command except with good, and encouraging the compensation in that if he fulfills the trust in quantity and quality regarding the term and otherwise; and He confirmed that with His saying: 'And let not anyone diminish' from the diminishing, which is the worst kind of deficiency that souls do not allow due to its distance from (p-152) the place of allowance to its occurrence in the realm of oppression 'anything of it.'
And when this one who is dictating may be one who is lacking in expression, and dictation cannot be performed by everyone, Allah, glorified and exalted is He, said: ﴿So if the one upon whom is the right is foolish﴾, then his acknowledgment is not considered due to the weakness of his opinion and insight and the deficiency of his share of the wisdom of this world. ﴿Or weak﴾ due to inability to dictate at that time because of illness or other reasons such as childhood, madness, or old age due to weakness, which is [the weakness] of the powers either physically or in meaning. ﴿Or he cannot dictate himself﴾ due to stammering, shyness, or lack of eloquence and the like. ﴿Then let his guardian dictate﴾, the one who is responsible for his interests, whether it be a father, a guardian, a ruler, a translator, or an agent. ﴿With justice﴾, so he does not wrong him nor the one who has the right. Al-Harali said: He made the tongue of the guardian the tongue of the one being entrusted. Thus, it is similar to what was revealed in the Book regarding the conveyance of the words of Allah, glorified and exalted is He, upon the tongues of His creation in a manner similar to what has preceded in His saying: ﴿You alone we worship and You alone we ask for help﴾ [Al-Fatiha: 5] and what was detailed from it ﴿Allah is the ally of those who believe﴾ [Al-Baqarah: 257]. He dictated to them what is due to Him of rights, so He made it a speech from His speech that they recite. Thus, the dictation from Him to them is due to their shortcoming in fulfilling His due right, similar to the shortcoming of the foolish one and those with him in dictating from his guardian due to his guidance, strength, and capability. This has ended.
And when there is no necessary connection between writing and testimony, He specified it and clarified its people, saying: ﴿And seek witnesses﴾, meaning seek the testimony and establish it with writing and without it. ﴿Two witnesses﴾. Al-Harali said: He made the testimony of debt with two just as He made the witness in religion two: the witness of reflection on the visible signs and the witness of contemplation on the audible signs. [And] in the form of [Fa'il] there is an emphasis in meaning in the realization of the description of insight and experience. This has ended.
And when he clarified the number of witnesses, he clarified their type and said: ﴿from among your men﴾. He indicated by this addition the condition of being a Muslim. The generality of this, which refers to the complete, along with what supports it in the verse, implies freedom, as in his saying: ﴿And let not the witnesses refuse﴾. The use of the intensive form for the witness and its restriction with approval, and the definition of witnesses and the like. Al-Harali said: Due to the prevalence of transactions and their generality, he expanded the testimony (p-154). He said: ﴿If there are not two﴾ [meaning the two witnesses] ﴿men﴾, meaning both are on the level of manhood, ﴿then one man and two women﴾. In the general meaning of being, there is an indication of the acceptance of the testimony of two women, while it is possible for the man to seek it in some way from where it is not. If you do not find it, then there is a tendency towards disagreement in some way, as the comprehensiveness of the Book is an expansion in knowledge, whether it is on equality or on arrangement. And since they are deficient in intellect and religion, two of them are made in place of one man. It has ended. And when he clarified the number, he clarified the description and said: ﴿from those whom you approve﴾, meaning in justice, ﴿from the witnesses﴾. This is in debts and the like. Al-Harali said: And in the concept of testimony, there is insight into the witness's perception of what is in the testimonies from understanding a hidden meaning in a manifest form that keen insight leads to. It has ended.
And when he conditioned the standing in the place of one of the men the number of women, he justified it by indicating the deficiency of their reliability in it. He said: ﴿lest either of them go astray﴾, meaning that one of them may forget the testimony or something of it, ﴿and one of them remind the other﴾, so she is guided to what she has gone astray from through the reminder. Al-Harali said: Because she is more familiar with the entrances of error upon her, as the close ones are closer in cooperation. And in the two readings of lightening and intensifying, there is an indication of classifying women into two categories in the rank of this testimony: one who is prone to forgetfulness about some of what she has witnessed until she is reminded with the lightening (p-155) and it does not repeat upon her, and one whose situation is that it is repeated upon her. And in the ambiguity of the word 'either' meaning without being restricted to the pronoun that specifies what it refers to, there is an indication that this occurs between them alternately, until perhaps this one goes astray from one aspect and that one goes astray from another aspect, so each of them reminds her companion. For this reason, one preserving witness stands for both of them together. It has ended. And in mentioning the reminder, there is a prohibition from testimony without the reminder, and the verse is from the intertwining. And when he made that clear, urging towards testimony, he stated it in his saying: ﴿And let not the witnesses refuse﴾, meaning to bear witness and to perform it after bearing witness, ﴿when they are called﴾ with a decisive call, by what the addition of 'what' has implied.
And when that was completed, and the small right and the large right were sometimes neglected due to the small and weariness for the large, he warned against that. He did not place it in the core of the matter before the witnessing, but rather singled it out for mention to magnify its importance. He said: "And do not become weary" from weariness. Al-Harali said: It is a form of exaggeration and it is the most intense form of weariness. "To write it" means do not act with the behavior of the weary so that you leave writing it, whether it is small. The debt was "or large" the writing was prolonged or shortened. Al-Harali said: And it was not little or much, because the abundance and scarcity are relative to the counted thing in itself, while the small and large are relative to the debtors. Perhaps the abundant in number is small in value to the esteemed man, and perhaps the few in number is much in relation to the man who is stingy about it. Thus, smallness and largeness were more comprehensive and returned to the state of the debtor who is addressed to write.
"To its term" means that which you have agreed upon and confirmed.
And when it was as if it was said: What is the benefit of that? It was said: "That" is an indication with the tool of distance and the 'm' of the plural to the greatness of its significance. Al-Harali said: And for its clarification and clarity to them, there was no inclination towards the Prophet, blessings and peace be upon him, who is inclined to in the hidden matters.
"More just" means more fair. It has been reported from Ibn al-Sayyid that he said in his book Al-Iqtidaab: Indeed, 'qasata' means to be unjust and also means to be just. Al-Harali said: "More just" is from 'iqsaat' which is the establishment of justice and the preservation of balance so that it does not lead to cheating. Then he increased its magnification by saying: "With Allah" means the One who encompasses the attributes of perfection in relation to every attribute of His attributes, for He upholds justice by preventing deception and inconsistency in any of the conditions of that religion. "And more upright for the testimony" means and more just in establishing the testimony if it is required from the witness to establish it with what is precise for him and upon him. "And closer" means nearer in "So that you do not doubt" means do not have doubt in any of the matters that occurred. Al-Harali said: Thus, in its indication that perhaps a man and two men may have the same doubts that two women may have, and the writing would establish their testimony. He negated doubt for men by writing as he negated misguidance for women by mentioning.
And when the deferred debt is broader than being a loan or trade by which the commanded wealth is grown for spending in beneficial good on the Day of Judgment, and it has been emphasized in the matter of writing with an emphasis that might lead one to think that there is encouragement for it, even if there is no term, it indicates that the reason for it is the term, which is a cause of forgetfulness that overcomes a person, by His saying: "Except that it be" meaning the debt "a present trade." This is according to the reading of 'Asim, and in the reading of others, it is complete: "You circulate it among yourselves," meaning hand in hand, from the administration. Al-Harali said: From the origin of 'dawr' which is the return of something back to its beginning. "So there is no sin upon you" at that time "in not writing it" meaning because it is a prompt transaction and it is a fleeting offer that hardly remains in anyone's hand because the intention behind it is trade [not retention]. So far, what is feared from dispute is far removed.
And when the sale is broader than being intended for trade or otherwise from the means of benefit, He said: "And bring witnesses" whether it is writing or not "when you trade" meaning in the manner of trade, whether immediate or delayed, or not for trade, because witnessing is further from disagreement and closer to mutual agreement in what is fair, and the matter is for guidance, so it is not obligatory.
And when He obligated at the beginning of the address the writer to write and the witness to respond and not refuse, and He emphasized that with a phrase that includes both the one being written to and the one being witnessed, He said, prohibiting: "And let not harm be done" it is valid to be for the doer and the done to, and it is correct in meaning for both of them: "Neither a writer nor a witness" meaning let there be no harm from them nor upon them. Al-Harali said: In His prohibition, there is a hint of kindness from him to the witness and the writer to respond to him for his intention and to assist him in complying with the command of his Lord in what protects him from the harm of his idleness and his being used in matters of his worldly affairs. So in His hint, there is permission for what the writer takes and for whom he is called to provide assistance in a manner that protects him from the harm of abandoning him. This has ended.
"And if you do" meaning what you have been prohibited from, of harm and otherwise, "then indeed it is disobedience" meaning a departure "from the law that Allah has prescribed for you." Al-Harali said: And in the form of 'fa'ul' there is an emphasis in it and a strengthening in the warning. This has ended.
The conclusion of the verses of these transactions with the description of knowledge after the command to be conscious of Allah is very appropriate to what the traders do with the tricks by which each one of them brings good fortune for himself. It encourages compliance with what He has commanded them in these phrases by indicating that it is from His knowledge and teaching. So He, the Most High, said - in continuation of what has preceded of command and prohibition, or according to what you may interpret: 'So do what you have been commanded and stop from what you have been forbidden' -: ﴿And be conscious of Allah﴾ meaning fear the One who has all greatness in what He has commanded you and prohibited you from this and other matters. And since the interpretation [is a beginning to clarify the greatness of these admonitions], Allah guides you to such reminders for the reform of your mutual relations. He then added His saying: ﴿And Allah teaches you﴾ meaning He makes you aware, He who has all perfection, of that which is knowledge. And Al-Harali said: In His saying: 'He knows' in the form of continuity, there is an indication of what continues in teaching without this attainment. [It has ended].
And the noble name has appeared here and in what follows, to glorify the status and generalize the teaching. He said: ﴿And Allah﴾ meaning the One who has complete encompassing knowledge ﴿is Knowing of all things﴾ and this conclusion encompasses the good news of teaching and the warning of threat.
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