The manifest view of the school is that the judge shall not rule based on his own knowledge, whether in a hadd punishment or otherwise, neither in what he knew before his appointment nor after it. This is the opinion of Shurayh, al-Sha'bi, Malik, Ishaq, Abu 'Ubayd, and Muhammad ibn al-Hasan. It is also one of the two opinions of al-Shafi'i. Another report from Ahmad states that it is permissible for him to do so. This is the opinion of Abu Yusuf, Abu Thawr, the second opinion of al-Shafi'i, and the choice of al-Muzani, because when Hind said to the Prophet (peace and blessings of Allah be upon him): "Abu Sufyan is a stingy man, he does not give me enough in maintenance to suffice me and my child," he said: "Take what suffices you and your child according to what is customary" (1). He ruled for her without evidence or admission, due to his knowledge of her truthfulness. Ibn 'Abd al-Barr narrated in his book that 'Urwa and Mujahid narrated that a man from Banu Makhzum sought judgment from 'Umar ibn al-Khattab against Abu Sufyan ibn Harb, claiming he had wronged him regarding a boundary in such-and-such a place. 'Umar said: "I am the most knowledgeable of people regarding that; I may have even played there with you when we were boys. Bring me Abu Sufyan." He brought him, and 'Umar said to him: "O Abu Sufyan, rise with us to such-and-such a place." They rose, and 'Umar looked and said: "O Abu Sufyan, take this stone from here and place it here." He replied: "By Allah, I will not do it." He said: "By Allah, you shall do it." He replied: "By Allah, I will not do it." He struck him with his whip and said: "Take it, woe to you, and place it here, for you know that this is an ancient injustice." Abu Sufyan took the stone and placed it where 'Umar said. Then 'Umar faced the qibla and said: "O Allah, praise be to You, for You did not let me die until I overcame Abu Sufyan regarding his opinion and humbled him for me through Islam." He said: Abu Sufyan faced the qibla and said: "O Allah, praise be to You, for You did not let me die until You placed in my heart that which makes me humble myself to 'Umar because of Islam." He said (2): So he ruled by his knowledge. Furthermore, because a judge rules based on two witnesses, since they produce a predominant assumption (zann), then what he has verified and is certain of is even more appropriate. Also, he rules by his own knowledge regarding the validation (ta'dil) and impugnment (jarh) of witnesses, so it is the same regarding the establishment of a right, by analogy (qiyas) to that. Abu Hanafah said: He shall not rule by his knowledge in matters pertaining to the rights of Allah, because the rights of Allah, the Exalted, are based on leniency and forbearance. As for the rights of human beings, what he knew before his appointment (3) he did not (4) rule by, but what he knew during his