the Messenger of Allah (37) in that which pleases the Messenger of Allah." Umar sent Shurayh to be the judge of Kufa, and Ka'b ibn Sur (38) to be the judge of Basra (39). He wrote to Abu Ubaydah and Mu'adh, ordering them to appoint judges in the Levant, because the people of every land need a judge, and they cannot travel to the land of the Imam. For those for whom it is possible, it is difficult, so it became obligatory to make them self-sufficient by providing one.

Section: If the Imam wishes to appoint a judge, and he has experience with people and knows who is fit for the judiciary, he appoints him. If he does not know this, he asks those who are knowledgeable about people and seeks their guidance regarding (40) who is suitable. If a man is mentioned to him whom he does not know, he summons him and questions him; if he knows his probity (adalah), he does so, otherwise he investigates his probity. When he confirms it, he appoints him and writes for him a covenant, commanding him therein to fear Allah, to be deliberate in judgment, to consult with the people of knowledge, to inspect the states of the witnesses, to scrutinize testimonies, to care for orphans, to preserve their wealth and the assets of endowments (waqf), and other such matters that require his attention. Then, if the land to which he has appointed him as judge is distant, such that reports of what occurs in the land of the Imam do not reach it, he summons two just witnesses and reads the covenant to them, or someone else reads it (41) in his presence, and he makes them witnesses (42) to his appointment so that they may proceed with him to the land of his jurisdiction and establish the testimony for him. He says to them: Bear witness that I have appointed him as judge of such-and-such a land, and I have instructed him with what this covenant contains. If the land is close to the land of the Imam, such that what happens in the land of the Imam is widely known there—such as if the distance between them is five days or less—it is permissible to suffice with such notoriety (istifadah) [instead of testimony; for the authority is established through notoriety] (43). This is what al-Shafi'i said, except that he has two views regarding the establishment of authority through notoriety in a close land.