before him appointed them, and as for those among them whose condition has changed, he dismisses him if he acts immorally; if he becomes weak, he joins a trustworthy person to him.

Section: Then he examines the affairs of lost property and found items (luqata) which the judge has taken charge of protecting. If it is something prone to spoilage, such as an animal, or something that incurs costs to maintain, such as raw goods, he sells it and preserves its price for its owners. If it is not of that nature, such as currency, he preserves it for its owners and writes upon it so that it may be identified.

1865 - Issue: He said: "And the judge shall not judge between two people while he is angry."

There is no disagreement among the scholars to our knowledge regarding the fact that it is not appropriate for a judge to pass judgment while he is angry. Shurayh, Umar ibn Abd al-Aziz, Abu Hanifa, and Al-Shafi'i disliked this. Abu Bakra wrote to Abdullah ibn Abi Bakra when he was a judge in Sijistan: "Do not judge between two people while you are angry, for I heard the Messenger of Allah (peace and blessings of Allah be upon him) say: 'No one should judge between two people while he is angry.'" (Agreed upon) (1). Umar (may Allah be pleased with him) wrote to Abu Musa: "Beware of anger, restlessness, annoyance, and being bothered by people, and showing resentment towards them during litigation. If you see the adversary intentionally acting unjustly, make him feel the pain of it (2)." This is because when he is angry, his intellect is altered, and he does not fully attain his judgment or reflection. Included in the meaning of anger is everything that occupies his mind, such as extreme hunger, intense thirst, distressing pain, needing to relieve oneself, severe drowsiness, anxiety, grief, sadness, and joy. All these things hinder the judge because they prevent presence of heart and the fullness of reflection required to reach the truth in most cases; thus, they are in the same category as the explicitly mentioned anger and are treated accordingly. If he passes judgment while angry or in a similar state, it has been narrated from the Qadi that his judgment is not effective, because he is forbidden from it, and a prohibition necessitates the invalidity of the prohibited act (3). In "Al-Mujarrad," it is stated: "His judgment is effective." This is the school of Al-Shafi'i, based on what was narrated that the Prophet (peace and blessings of Allah be upon him) had a case brought before him by Al-Zubayr