firm (38), and one who asks about what he does not know. In another narration: he should be one who tolerates blame. He should not be weak or base, because that encourages litigants to engage in altercation and mutual cursing in his presence. Umar (may Allah be pleased with him) said: "I will dismiss such-and-such person from judgeship, and I will appoint a man who, when the sinner sees him, is struck with awe (39)."
Section: He has the right to rebuke a litigant if he is evasive, and to shout at him. If he deserves disciplinary punishment (ta'zir), he may punish him as he sees fit, whether by reprimand or imprisonment. If [a litigant] acts presumptuously toward him by saying: "You have judged against me unjustly" or "You have taken a bribe," he has the right to discipline him, or he may pardon him. If the defendant begins by taking an oath, he shall cut him off and say: "The burden of proof is on your opponent." [If he returns to the behavior, he shall rebuke him] (40). If he returns [again], he shall punish him if he deems it appropriate. Examples of this, such as (41) poor manners, allow him to confront the perpetrator, or he may pardon him.
Section: If (42) the Imam appoints a man to judgeship (43), and if his jurisdiction is in a land other than his own, he should, upon desiring to travel to the land (44) of his jurisdiction, inquire about people from that land, to ask them about him [the judge] and learn from them what he needs to know. If he does not find any, he should ask on his journey. If he does not find any, he should ask upon entering the land about its people, and who among them are the scholars, the virtuous, the people of integrity and discretion (45), and everything else he needs to know. When he approaches the town, he should send someone to inform them of his arrival so they may meet him, and he should schedule his arrival for a Thursday if possible; for the Prophet (peace and blessings of Allah be upon him) used to arrive from a journey on a Thursday (46), then
= the judge. Al-Sunan al-Kubra 10/110. Al-Bukhari mentioned it in the chapter: "When is a man eligible for adjudication?" from the Book of Judgments. Sahih al-Bukhari 9/84. Both with the wording: "five qualities." (38) In B and M: "sulban" (firm/rigid). (39) Fariqahu: meaning he feared him. Al-Bayhaqi recorded it in the chapter: "The judge, if he finds persistent contentiousness from one of the litigants, he should rebuke him for it," from the book 'Adab al-Qadi'. Al-Sunan al-Kubra 10/108. Waki' mentioned it in 'Akhbar al-Qudat' 1/270. (40) Omitted from: B and M. (41) In the original: "fima" (in that which). (42) In M: "wa-in" (and if). (43) In the original: "lil-qada'" (for judgeship). (44) In B and M: "bilad" (lands). (45) In B and M: "al-sayr" (the conduct). (46) We did not find this; perhaps the author intended setting out for a journey. See: Jami' al-Usul 5/15.