as to that. It is also narrated that Aqil married Fatimah bint Utbah, and they disputed. She gathered her garments and went to Uthman, who sent an arbitrator from his family, Abdullah ibn Abbas, and an arbitrator from her family, Muawiyah. Ibn Abbas said: "I will surely separate them." Muawiyah said: "I would not separate two people [7] from the Banu Abd Manaf." When they reached the door, they had already closed [8] it and reconciled [9]. It is not impossible for authority to be established over a competent person (rashid) when he refrains from fulfilling a right, just as a debt is paid on his behalf from his wealth if he refuses, and a ruler divorces on behalf of a person in Muli (oath of abstention from sexual relations) if he refuses. Once this is established, the two arbitrators cannot be anything other than sane, adult, upright (adl), and Muslim; for these are among the conditions of uprightness, whether we say they are judges or agents. This is because if the agent is dependent upon the oversight of the ruler, it is not permissible for him to be anything other than upright, as if he were appointed as an agent for a minor or a bankrupt person. They must be two males, because it requires [10] opinion and discernment. The Qadi said: "It is a condition that they be free." This is the school of al-Shafi'i, because according to him, the testimony of a slave is not accepted, so freedom is one of the conditions of uprightness. It is better [to say] [11]: If they are agents, freedom is not considered, because the agency of a slave is permissible. If they are arbitrators, freedom is considered, because a judge may not be a slave. It is considered that they be knowledgeable in reconciliation and separation, because they are acting in that capacity, so their knowledge of it is taken into account. It is better that they be from their [the spouses'] families, because of the command of God Almighty regarding that, and because they are more compassionate and more knowledgeable of the situation. If they are from outside their families, it is permissible, because kinship is not a condition in judgment or agency, so the command regarding that is one of guidance and recommendation. If we say they are agents, they shall not do anything until the man authorizes his agent regarding what he sees fit of divorce or settlement, and the woman authorizes her agent in Khul' and settlement according to what he sees fit. If they refuse to authorize, they shall not be forced. If we say they are arbitrators, they shall execute what they see fit of divorce and Khul', and that shall be binding upon them, whether they are satisfied with it or refuse it.