his wealth, and the former [view] is more appropriate, because the harm of losing a right is greater than this. The person against whom help is sought may appoint an agent (wakil) to stand in his place if he dislikes attending. If the person against whom help is sought is a woman, you must consider: if she is a "barza"—which is a woman who goes out for her needs—then her ruling is the same as that of a man. But if she is a "mukhadara"—which is one who does not go out for her needs—she is ordered to appoint an agent. If the oath is directed against her, the judge sends a trustworthy person with two witnesses, and he makes her take the oath in their presence; if she confesses, they testify against her. The judge (al-Qadi) mentioned that the judge sends someone to adjudicate between her and her opponent in her house. This is the school of al-Shafi'i, because the Prophet (may Allah bless him and grant him peace) said: "Go, O Unays, to the wife of this man; if she confesses, stone her." He sent [someone] to her and did not summon her. When they arrive at her house, there should be a veil between her and them from behind which she speaks. If she confesses to the claimant that she is his opponent, he adjudicates between them. If she denies it, two witnesses from her kinsmen are brought to testify that she is the one against whom the claim is made, then he adjudicates between them. If he has no evidence, she wraps herself in her garment and is brought out from behind the veil to the place of need. What we have mentioned is more appropriate, if Allah wills, because it is more concealing for her; and if she is shy (khafira), her modesty might prevent her from articulating her argument and expressing herself, especially given her ignorance of the argument and her lack of knowledge of the Sharia and its proofs.

Section: The person against whom help is sought must either be present or absent. If he is present in the town or near it, the judge may, if he wishes, send an assistant with the claimant to bring the defendant. Or, if he wishes, he may send with him a piece of wax or clay sealed with his signet. If he sends a seal with him and he [the claimant] returns reporting that he [the defendant] refused or broke the seal, the judge sends an assistant to him. If he refuses, he dispatches the head of the security (sahib al-ma'una) to bring him. When he attends and two witnesses testify against him regarding his refusal, the judge may discipline him (ta'zir) if he sees fit, according to what he deems appropriate, either by words, uncovering his head, beating, or imprisonment. If he