What is the ruling on writing a debt in a document?
Machine translationRead the Arabic original
The questioner : The writing of the debt, the status of the debt, in the verse: [Al-Baqarah 2:282].
The Shaykh : It is not obligatory.
The questioner : It is not for obligation. At the end of the verse:[Al-Baqarah 2:283] ... This is the indication that led him to the pledge, meaning some of the brothers object and say, did not Ibn al-Qayyim say that only in travel? He brought the hadith which is three, and among them is the one who was present but not mentioned.
The Shaykh : Yes, this statement is actually valid, but as we always say, the ruling should not be taken from a single text; rather, one should gather everything related to the issue!
The questioner: Yes.
The Shaykh : So we find in the Sunnah that people differ from one another, and people lend to one another without there being a writing, and the practice of not writing is the greatest evidence that this matter is not for obligation, so either the command is for recommendation or for the cause indicated at the end of the verse.
The questioner: Yes.
The Shaykh : And this is precise jurisprudence.
O you who have believed, when you contract a debt
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍThe Shaykh : It is not obligatory.
The questioner : It is not for obligation. At the end of the verse:
And if you are on a journey and cannot find a scribe, then a security deposit [should be] taken
وَإِنْ كُنْتُمْ عَلَى سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَقْبُوضَةٌ ...The Shaykh : Yes, this statement is actually valid, but as we always say, the ruling should not be taken from a single text; rather, one should gather everything related to the issue!
The questioner: Yes.
The Shaykh : So we find in the Sunnah that people differ from one another, and people lend to one another without there being a writing, and the practice of not writing is the greatest evidence that this matter is not for obligation, so either the command is for recommendation or for the cause indicated at the end of the verse.
The questioner: Yes.
The Shaykh : And this is precise jurisprudence.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.