'In the name of Allah, the Most Gracious, the Most Merciful'

His saying, exalted and majestic is He:

﴿O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write between you in justice. And let no scribe refuse to write as Allah has taught him. So let him write﴾

Ibn Abbas, may Allah be pleased with him, said: This verse was revealed concerning salam specifically. Its meaning is that the salam of the people of Medina was due to this verse. Then it encompasses all contracts by consensus.

And Allah clarified by His saying: "in debt" what is in His saying: "you contract a debt" from the sharing, as it may be said in the speech of the Arabs: they contracted debts meaning: some compensated others.

And His description of the term as "specified" is evidence that ignorance is not permissible. It is as if the verse rejected it. If there is no naming and limit, then there is no term. Some people went to the view that writing debts is obligatory upon their owners, mandated by this verse. Al-Rabi' went to the view that this was made obligatory by these words. Then Allah, exalted and majestic is He, alleviated it by His saying: ﴿And if one of you entrusts another﴾ [Al-Baqarah: 283]. And Al-Sha'bi said: They used to see that His saying: ﴿And if one entrusts﴾ [Al-Baqarah: 283] abrogates His command to write. Ibn Jurayj narrated something similar, and Ibn Zayd said it. It was reported from Abu Sa'id Al-Khudri. The majority of scholars said: The command to write is an encouragement to preserve wealth and remove doubt. If the debtor is righteous, then writing does not harm him. And if he is otherwise, then writing is a safeguard in his debt and a necessity for the owner of the right. Some of them said: If you witness, then it is prudent. And if you entrust, then it is permissible and spacious. This is the correct saying, and there is no abrogation in this because Allah, exalted and majestic is He, encouraged writing in what a person may give or leave by consensus. Thus, His encouragement is only for the purpose of safeguarding for the people.

Then He informed, exalted is He, that the trust will occur, saying: If that occurs, then let him fulfill - the verse. This is a recommendation for those who owe debts. And Allah, exalted is He, did not decisively command that it should not be written if the trust occurs.

As for Al-Tabari, may Allah have mercy on him, he went to the view that the command to write is an obligatory duty, and he elaborated in his argument. The apparent meaning of his words is that he believes the commands are obligatory until evidence indicates otherwise.

People differed regarding His saying, exalted is He: ﴿And let a scribe write between you﴾. Al-‘Ata and others said: It is obligatory for the scribe to write. Al-Sha'bi also said: If there is no scribe other than him, then it is obligatory upon him to write. Al-Suddi said: It is obligatory when he is free. And His saying, exalted is He: ﴿in justice﴾ means: in truth and fairness. The preposition is related to His saying, exalted is He: ﴿And let him write﴾, and it is not related to "scribe," because it is necessary that he does not write a document except in justice itself. And it may be written by a child, a slave, or a disobedient person if they establish its jurisprudence. As for those appointed to write it, it is not permissible for the authorities to leave them except for just and trustworthy individuals. Malik, may Allah have mercy on him, said: Documents should not be written by anyone except one who is knowledgeable about them, just in himself, and trustworthy, due to His saying, exalted is He: ﴿And let a scribe write between you in justice﴾.

Then Allah, the Most High, prohibited the writer from refusing. And 'abā' means to refuse. There is a variant that does not come except as 'qalā' which means to refuse, and 'abā' means to refuse. The verb form 'fa'ala' in the present tense is only used with a vowel on the 'ayn' if it is followed by a throat letter. Al-Zajjāj said: The reason for 'abā' is that the 'alif' in it resembles the hamzah, and for this reason, its present tense form is 'yaf'al' with a vowel on the 'ayn.' Al-Mahdawī narrated from Al-Rabī' and Al-Dahhāk that his saying 'and let him not refuse' is abrogated by his saying: 'And no writer or witness should be harmed.'

The 'kāf' in His saying: 'as Allah has taught him' is related to His saying: 'to write.' The meaning is writing as Allah has taught him. This is the saying of some of them. It is possible that 'as' is related to the meaning in His saying: 'and let him not refuse,' meaning as Allah has bestowed upon him the knowledge of writing, so let him not refuse, and let him prefer as Allah has preferred him. It is possible that the statement is complete at His saying: 'to write,' then His saying: 'as Allah has taught him' is the beginning of a statement, and the 'kāf' is related to His saying: 'let him write.' As for when the writers are available, it is not obligatory to write for a specific person, nor is there an obligation of recommendation; rather, he has the right to refuse unless he is hired. As for when the writer is absent, then the obligation of recommendation is directed to the present one. As for writing in general, it is recommended as His saying: 'And do good' [Al-Hajj: 77], and it is in the context of helping the needy.

His saying, the Exalted:

'And let the one upon whom the right is due dictate, and let him fear Allah, his Lord, and let him not diminish anything of it. And if the one upon whom the right is due is foolish or weak or unable to dictate himself, then let his guardian dictate justly.'

Allah, the Most High, commanded the one upon whom the right is due to dictate, because the testimony is based on his acknowledgment. If the document is written and he acknowledges it, it is as if he dictated it. And Allah commanded to have piety in what he dictates, and He prohibited him from diminishing anything of the right. Diminishing means reducing in a manner of deceit and evasion. And those who are commanded to dictate are those who own themselves if they are present.

Then Allah, the Most High, mentioned three types of situations that occur at all times, saying: 'And if the one upon whom the right is due is foolish.' And the right can be related in matters other than transactions, such as inheritances when they are divided, and others. The foolish person is the one who is weak-minded regarding wealth, who does not know how to take for himself or give from it, resembling a foolish garment which is of light weaving. And foolishness means lightness. From it is the saying of the poet Dhū al-Rumma:

'We walked as the spears shook, which became foolish, As the winds passed over their tops.'

(p-114) And this attribute in the Shari'ah is not free from the guardianship of a father or a guardian, and that is his guardian. Then he said: "or weak" and the weak is the one whose intellect is impaired, lacking in nature. This also may have a guardian, a father or a guardian. And the one who cannot give testimony is the minor, and his guardian is his guardian or his father, and the one absent from the place of testimony either due to illness or for another excuse. His guardian is his agent. As for the mute, it is permissible that he be among the weak, and it is preferable that he is among those who cannot. These are categories that are distinguished. You may find someone who is unique to one of them, and two may combine in one person, and perhaps all may combine in one person. This arrangement is derived from the words of Malik and others among the skilled scholars. And some people said: The foolish minor is a young boy, and this is an error. And a group said: The weak is the foolish old man, and this is a good statement. And the action is doubled in his saying: ﴿to give testimony﴾, because if it were released, many movements would follow. And the release in this action is the language of Quraysh. And "with justice" means: with truth and the intention of correctness. And Al-Tabari went to the view that the pronoun in "his guardian" refers back to the right, and he attributed that to Al-Rabi' and Ibn Abbas. Abu Muhammad the judge, may Allah have mercy on him, said: And this is something that is not correct from Ibn Abbas. How can the witness testify to something and enter money into the liability of the foolish by the testimony of the one who has the debt? This is something that is not in the Shari'ah, and the statement is weak unless the speaker intends that the one who cannot give testimony due to his illness, if he is unable to give testimony, then let the owner of the right give testimony justly, and let him hear the one who is unable. When the testimony is complete, he acknowledges it. And this meaning is not what the verse refers to, nor is this correct except for one who cannot give testimony due to illness only. **His saying, the Exalted: ﴿And call to witness two witnesses from among your men. And if there are not two men, then a man and two women from among those whom you accept as witnesses, so that if one of the women errs, then the other can remind her﴾ (p-115) The testimony: is the request for testimony, and he expressed it with a building of emphasis in "two witnesses" indicating someone who has witnessed and that has been repeated from him, as if it is a reference to justice. And His saying, the Exalted: ﴿from among your men﴾ is a text in rejecting disbelievers, children, and women. As for slaves, the wording encompasses them, and the scholars differed regarding them. Shuraih, and Ishaq ibn Rahawayh, and Ahmad ibn Hanbal said: The testimony of a slave is permissible if he is just, and they emphasized the wording of the verse. Malik, Al-Shafi'i, Abu Hanifah, and the majority of scholars said: The testimony of a slave is not permissible, and they emphasized the deficiency of servitude. And the name of "was" is the pronoun that is in his saying: "they be."

The meaning in the saying of the majority is: If there are not two witnesses, meaning if the owner of the right neglects that or intends it for some excuse. A group said: Rather, the meaning is: If two men are not found, and the testimony of two women is not permissible except in the absence of men. This is a weak statement, and the wording of the verse does not support it. Rather, the apparent meaning of it is the saying of the majority.

And His saying: ﴿So a man and two women﴾ is elevated by one of three things: Either you estimate: Let a man and two women be witnessed, or: Let there be a man and two women, and it is valid for this to be complete and incomplete. However, the complete form is more similar, because the implicit is less, or: A man and two women witness - and in any case, the estimated is the operative in His saying: ﴿So that one of them may go astray﴾.

And Humayd ibn Abdur-Rahman narrated from some of the people of Makkah that they read: 'and two women' with the hamzah of the alif being silent. Ibn Jinni said: There is no counterpart for the silence of the moving hamzah in an unmeasured way. Rather, they softened the hamzah so that it approached being silent, then they exaggerated in that until the hamzah became a silent alif, as the poet said:

They say out of ignorance: The old man has no child ∗∗∗ By my life, I have become old, and I am a cripple.

He means: And I - then after that, they insert the hamzah upon this alif as it is, and it is silent. And from this is the reading of Ibn Kathir: 'about its two legs', and their saying: 'B'az', and 'Kha'atam'. Abu al-Fath said: If it is said: The hamzah was likened to the alif in that it equaled it in voicing, increase, substitution, omission, and proximity of articulation, then this is a baseless statement with no craftsmanship in it, nor is it likely to be accepted as such.

And His saying, the Exalted: ﴿From those whom you approve of as witnesses﴾ is raised in the position of the description for His saying, the Mighty and Majestic: ﴿So a man and two women﴾. Abu Ali said: And the saying 'two witnesses' does not enter into this description due to the difference in grammatical case. This is a verbal ruling, and as for the meaning, approval is a condition in the two witnesses as it is in the man and the two women.

Ibn Bakir and others said: His saying: ﴿From those whom you approve of﴾ is addressed to the rulers. This is not noble; rather, the address is to all people, but those involved in this matter are indeed the rulers. This is common in the Book of Allah, where the address encompasses what some are involved in. And in His saying: ﴿From those whom you approve of﴾ is evidence that among the witnesses there are those who are not approved, and from that comes that people are not held to justice until it is established for them.

And Hamzah alone read: 'If one of them goes astray' with a kasrah on the alif and a fathah on the ta and a kasrah on the dad, 'then remind' with a fathah on the dhal and a raised ra. This is the reading of al-Amash. And the others read it: 'If one of them goes astray' with a fathah on the alif, 'then remind' with a nasb on the ra, except that Ibn Kathir and Abu Amr softened the dhal and the kaf, while the others emphasized them.

And the saying regarding what is the cause in His saying: ﴿that one of them may go astray﴾ has already been mentioned. And "that" is an object for it. The testimony did not occur for the purpose of one of them going astray, but rather the testimony of two women occurred so that one of them may remind the other if the other goes astray. Sibawayh said, and this is like saying: I have prepared this wood so that this wall may lean and I may support it.

Al-Qadi Abu Muhammad, may Allah have mercy on him, said: And since the souls are eager to know the causes of incidents, He preceded in this verse the mention of the cause of the intended matter to inform about it. In this, there is a precedence of the souls to inform of their intent. And this is one of the most eloquent types of eloquence. For if a man were to say to you: I have prepared this wood to support this wall, the listener would say: And why do you support a standing wall? Therefore, the cause must be mentioned, and it would be said: If it leans. Thus, in their speech, the cause is presented shorter than this dialogue. Abu Ubaid said: The meaning of "go astray" is to forget, and going astray from the testimony is indeed forgetting a part of it, and mentioning a part, and a person remains in between that confused and lost. And whoever forgets the testimony altogether is not said to have gone astray in it. As for the reading of Hamzah, he made "that" for the consequence, and the "fa" in His saying: "so that she may remind" is the response to the consequence. The place of the condition and its response is raised by being a description of the mentioned, which are the two women. And "she may remind" is raised just as His saying, glorified and exalted is He: ﴿And whoever returns, then Allah will take revenge on him﴾ [Al-Ma'idah: 95]. This is the saying of Sibawayh, and in this is a consideration. As for the accusative of His saying: "so that she may remind" according to the reading of the congregation, it is for the conjunction to the verb that is in the accusative with "that."

And the lightening of the 'kaf' in the reading of Abu Amr and Ibn Kathir is in the meaning of its heavy form in mention. It is said: 'Dhakkara' and 'Adhkara' can be transitive with weakening or with hamz. It has been narrated from Abu Amr ibn Al-Ala and Sufyan ibn Uyaynah that they said: The meaning of His saying: 'So you may remind' with the lightening of the 'kaf' is that it returns it to mention in the testimony. Because the testimony of a woman is half of a testimony, when both testify, their total becomes like the testimony of a male. And this interpretation is far and not eloquent, and it is not good in confronting misguidance except the mention. And 'You reminded' with the heavy 'kaf' transits to two objects, and 'one of them' in the verse is omitted, its estimation is: 'So one of them reminds the other of the testimony which she forgot.' And Al-Jahdari and Isa ibn Umar read: 'That you forget' with the 'ta' being pronounced with a dammah and the 'dad' being opened, meaning that you forget. Thus, Abu Amr Al-Dani reported from them, and Al-Naqqash reported from Al-Jahdari that the 'ta' is pronounced with a dammah and the 'dad' with a kasrah, meaning that you mislead the testimony. You say: 'I misled the horse and the camel' if they got lost from you and you did not find them. And Humayd ibn Abdur-Rahman and Mujahid read: 'So you remind' with the light 'kaf' in the broken form and the raising of the 'ra'. This verse includes the permissibility of the testimony of two women on the condition of their conjunction with a man. And the saying of Malik regarding their testimony differed - Ibn Wahb narrated from him that the testimony of women is not permissible except where Allah mentioned it in debt, or in matters that no one knows about except them due to necessity for that. And Ibn Al-Qasim narrated from him that it is permissible in wealth, and in the agency over wealth, and everything that leads to wealth. And Ashhab and others disagreed with that.

And likewise, if they testify to something that leads to non-wealth - then there are two sayings in the school.

His saying, exalted is He:

﴿And let not the witnesses refuse when they are called upon. And do not tire of writing it, whether it be small or large, for its term. That is more just in the sight of Allah and more likely to prevent doubt﴾

Qatadah, Al-Rabi, and others said: The meaning of the verse is: When they are called to witness, and a right is bound by their testimony. This verse was revealed because a man would roam among many people seeking someone to testify for him, and they would hesitate about the testimony, so no one would stand with him. Thus, the verse was revealed regarding that.

And Al-Hasan ibn Abi Al-Hasan said: The verse combines two matters - do not refuse when you are called to obtain the testimony, nor when you are called to deliver it. Ibn Abbas said the same.

And Mujahid said: The meaning of the verse is - do not refuse when you are called to deliver a testimony that has occurred with you. And Al-Naqqash attributed to the Prophet, blessings and peace be upon him, that he explained the verse in this way. Mujahid said: As for when you are called to testify first, then if you wish, go, and if you wish, do not go. This was said by Lahik ibn Humayd, and Ata, and Ibrahim, and Ibn Jubair, and Al-Suddi, and Ibn Zayd, and others.

And the verse, as Al-Hasan said, combines two matters regarding encouragement. The Muslims are encouraged to assist their brothers. If the allowance is for the abundance of witnesses and the safety from the disruption of the truth, then the one being called is encouraged. He may refrain for the slightest excuse, and if he refrains without an excuse, there is no sin upon him, nor reward for him. If there is necessity, and there is the slightest fear of the truth being disrupted, the encouragement becomes strong and approaches obligation. If he knows that the truth is lost and destroyed by the delay of the witness from the testimony, it is obligatory upon him to stand for it, especially if it is attainable, and there is a call to perform it. This circumstance is more emphasized, for it is a necklace around the neck and a trust that requires performance.

﴿And do not grow weary﴾ means do not become tired, and ﴿small or large﴾ are two conditions of the pronoun in: ﴿you write it﴾. The small is mentioned first due to its importance. This prohibition against weariness came due to the hesitation in their dealings, and they feared that they would grow tired of writing.

And (the most just) means the most fair. This is a comparative form of the quadrilateral, and it has an anomaly. Look whether it is from (p-121) قَسُطَ with the 'sīn' pronounced as in: the most generous from كَرُمَ. It is said: he acted justly meaning he was fair, and قَسَطَ means he was unjust. From it is His saying, the Exalted: ﴿And as for the unjust, they will be fuel for Hell﴾ [Al-Jinn: 15]. And whoever interprets His saying: ﴿And more upright for testimony﴾ as meaning and more firmly established, that is also a comparative form of the quadrilateral. And whoever interprets it from قَامَ as meaning: he was balanced, he is free from the anomaly. And

And His saying, exalted is He: ﴿You circulate it among yourselves﴾ implies the exchange and separation with the received. Since the properties and land, and many animals cannot be separated with them, nor is it criticized - it is good to write in them, and it is included in the transaction of debt. And 'Asim alone read: 'trade' in the accusative, while the others read: 'trade' in the nominative. Abu Ali said: I have doubts about Ibn Amer. And when 'kan' comes with the meaning of 'happened' and 'occurred' - it is sufficient without a report. If its meaning of occurrence is removed, the report in the accusative is required. The proof of those who raised 'trade' is that 'kan' means 'happened' and 'occurred', while those who made it accusative did so based on the report of 'kan' (p-122) and the subject is implied. Its estimation according to Abu Ali is either: 'the transaction' which the preceding verses indicated, or: [unless it be 'the trade is a trade'] and this is similar to the saying of the poet:

A ransom for the sons of Dhuhl ibn Shayban is my she-camel If the day is a day with strange stars.

That is, if the day is a day, thus Abu Ali recited the verse, and likewise Abu al-Abbas al-Mubarrid, and al-Tabari recited:

And for Allah is my people, what people for a noble woman If the day is a day with strange stars.

And he recited it in the nominative.

If the day is a day with stars...

And His saying, exalted is He: ﴿And bring witnesses when you contract﴾, al-Tabari said: Its meaning is: 'And bring witnesses for the small and the large of it.' The people differed - is this obligatory or recommended? Al-Hasan, al-Shabi, and others said: This is recommended. Ibn Amr and al-Dahhak said: This is obligatory. Ibn Umar used to do it for few things and many. And this was said by Ata, and al-Tabari preferred this: and the obligation in this is uneasy, but in the details it is difficult and burdensome. As for what is abundant, perhaps the trader intends to borrow by leaving off the witnessing, and it may be customary in some lands, and he may feel shy before the scholar and the respected elder and not witness against him. All of this falls under trustworthiness, and the matter of witnessing remains recommended for what is in it from the benefit in most cases unless there is an excuse that prevents it as we mentioned. And al-Mahdawi narrated from a group that they said: 'And bring witnesses when you contract' is abrogated by His saying: 'If you are secure' the verse. And Makkī mentioned it from Abu Sa'id al-Khudri.

The people differed in the meaning of His saying, exalted is He: ﴿And let not a scribe be harmed nor a witness﴾. Al-Hasan, (p-123) and Qatadah, and Tawus, and Ibn Zayd, and others said: The meaning is: And let not the scribe be harmed by writing what has not been dictated to him, nor let the witness be harmed by adding to the testimony or reducing from it. Ibn Abbas, Mujahid, and Ata said similarly, except that they said: Let not the scribe and the witness be harmed by refraining.

And the term harm encompasses this, and the first saying, and the origin in 'yudarr' according to these two sayings is 'yudarrir' with a kasra on the ra, then the assimilation occurred and the ra was opened in the jasm for the lightness of the fatha.

Ibn Abbas also said, along with Mujahid, Al-Dahhak, Al-Suddi, Tawus, and others: The meaning of the verse is that no writer or witness should be harmed by the one requesting writing or testimony, by saying: Write for me or witness for me at a time of excuse or busyness for the writer or the witness. If they excuse themselves with their excuse, he should not pressure or harm them, and say: You have opposed the command of Allah and similar words. The term 'to harm' implies all these meanings, as it is derived from two parties. The writer and the witness are raised by their actions in the first saying, and in the second saying, it is raised on the object whose doer is not named. The root of 'to be harmed' in the second saying is pronounced with a fatḥah on the letter 'r'. It has been narrated from Umar ibn Al-Khattab, may Allah be pleased with him, and from Ibn Mas'ud, and Mujahid that they used to read: 'And let no one be harmed' with a fatḥah and a broken 'r' in the first instance. This means that the one requesting writing and testimony should not begin them with harm. Al-Tabari mentioned this from them in the explanation of this saying and interpreted the reading in this meaning, which indicates that the first 'r' is open as we have mentioned.

Abu Amr Al-Dani reported from Umar ibn Al-Khattab, may Allah be pleased with him, Ibn Abbas, Ibn Abi Ishaq, and Mujahid that the first 'r' is broken. He also reported from them the opening of it. The opening of the verb is the language of the people of Hijaz, and the merging is the language of Tamim. Abu Ja'far ibn Al-Qaqa' and Amr ibn Ubaid read: 'And let no one be harmed' with a jasm on the 'r'. Abu Al-Fath said: The sukoon on the 'r' with the shaddah in it is questionable, but its way has been treated as a pause. Ikrimah read: 'And let no one be harmed' with a broken first 'r', 'writing or witnessing' in the nasb, meaning that the owner of the right should not begin them with harm. The ways of harming are not limited.

Miqsam narrated from Ikrimah that he read 'And let no one be harmed' with merging and a broken 'r' for the meeting. Ibn Muhaisin read: 'And let no one be harmed' with a raised 'r' with shaddah. Ibn Mujahid said: I do not know what this reading is.

Abu Al-Fath said: What Ibn Mujahid denied is known, and that is on the basis that you make 'no' a negation, meaning: it is not appropriate to be harmed, as the poet said:

On the appointed judge one day when he has made his judgment that he should not be unjust and intends.

So the raising of 'and intends' is on the intention of 'and it is appropriate that he intends'. Likewise, 'And let no one be harmed' is raised on the meaning: 'and it is appropriate that no one be harmed'. He said: And if you wish, it can be the wording of a report on the meaning of prohibition, and this is close to the first view.

And His saying, exalted is He: "And if you do [this], then indeed it is a transgression against you." Whoever makes the harm that is prohibited an increase for the writer and the witness in what is dictated to them or a decrease from it, then the transgression, according to its definition in the Shari'ah, is the committing of major sins. This is because it is among the harmful lies regarding wealth and people, and it nullifies the truth. And whoever makes the harm that is prohibited a harm to the writer and the witness by saying to them: 'Respond and do not oppose the command of Allah,' or makes it their refusal when called, then the transgression, in its original meaning in the language, is the departure from something, as it is said: 'The mouse transgressed when it left its hole,' and 'The date palm transgressed.' So, it is as if the doer of this has transgressed from the truth and correctness in this matter, and in terms of opposing the command of Allah in this verse, the matter approaches the recognized transgression in the Shari'ah.

And His saying "against you" is to be understood as: transgression that is present with you. And the rest of the verse is a reminder and a recounting of blessings. And Allah is the One whose help is sought; there is no Lord other than Him. It is said that the meaning of the verse is: the promise that whoever fears [Allah] will be taught good and inspired.