DEBT CONTRACT Presented by Mohni Khan and Misbah Tahir

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DEBT CONTRACTPresented by Mohni Khan and
Misbah Tahir

• The debt contract discussed in Sura Baqarah Ayah
  2282
• O you who believe! When you contract a debt for
  a fixed period write it down

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A Tradition of Holy Prophet (PBUH) says

• Three kinds of people cry out to Allah for help
  but are not answered ..
• Those who have ill tempered wives but do not
  divorced them
• Those who are entrusted with the property of
  orphans, but returned it to them before they
  attain maturity.
• Those who lend money to others without any
  documents or evidence

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let a scribe write it down as justice between
you2282

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

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If the debtor is of poor understanding or weak
or is unable to dictate for himself then let
guardian dictate in justice2282

• He is not wise enough to take care of his
  financial matters
• He is not mentally or physically fit to make any
  decision

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...and get two witness out of your own men and if
there are not two men available then one man and
two women ...2282

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

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let not the scribe refuse to write, as Allah has
taught him, so let him write2282

• This is referring to people who are incapable to
  write not to refuse if they (person) who can help
  to go ahead and help
• It is a type of charity to help a worker and to
  do something for a feeble person (PBUH)
• Whoever kept knowledge to himself will be
  restrained by a bridle made of fire on the day of
  resurrection (PBUH)

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and the witness should not refuse when they are
called ...2282

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

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you should not become weary to write it whether
it be small or large, for its fixed term 2282

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

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Save when it is present trade which you carry
out on the spot among yourselves, then there is
no sin on you if you do not write it down2282

• As for requiring witnesses to be present in
  trading transitions

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let neither scribe nor witness suffer any harm
but if you do (Such harm), it would be wicked
ness in you2282

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

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and if you are on a journey and cannot find a
scribe let their be a pledge taken2283

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

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Concluding notes

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

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THE END