The judge said: This is an analogy based on the opinion of Ahmad; for he said: The Imam reverts to the word of two or more of the people being led in prayer. Abu Hanifa, Abu Yusuf, and al-Shafi'i said: He shall not accept [it]; because he is able to revert to [his] encompassing knowledge, so he shall not revert to estimation, just as the witness, if he forgets his testimony and two witnesses testify before him that he testified, it is not for him to testify. Our reasoning is that if they testified before him regarding someone else's judgment, he would accept it, so it is the same if they testify before him regarding his own judgment, and because they testified to the judgment of a judge. What they mentioned is not correct; because remembering what he has forgotten is not up to him, and it differs from the witness; because the judge executes what he has judged if it is established before him, whereas the witness does not have the power to execute his testimony; rather, the judge executes it.

1872 - Issue: He said: "And he shall not accept a gift from someone who did not use to give him gifts before his appointment."

This is because the purpose of the gift is, in most cases, to incline his heart so that he may pay attention to him in the judgment, so it resembles a bribe. Masruq said: If the judge accepts a gift, he consumes unlawful gain (suht), and if he accepts a bribe, it reaches him to the level of disbelief. Abu Humayd al-Sa'idi narrated that the Messenger of Allah (peace and blessings of Allah be upon him) sent a man from the tribe of Azd, called Ibn al-Lutbiyya, to collect charity (Sadaqah). He said: This is for you, and this was given to me as a gift. The Prophet (peace and blessings of Allah be upon him) stood up, praised Allah, and glorified Him, then said: "What is the matter with an official whom we send, and he comes and says: 'This is for you, and this was gifted to me'? If he had only sat in his mother's house, he would see whether he is given gifts or not. By the One in whose hand is the soul of Muhammad, no one of you shall be sent, and then take anything, but he will come on the Day of Resurrection carrying it upon his neck, whether it is a camel that bellows, a cow that moos, or a sheep that bleats." Then he raised his hands until I saw the whiteness of his armpits, and said: "O Allah, have I conveyed [the message]?" [He said it] three times. [It is agreed upon]. And because the occurrence of a gift at the time of the occurrence of the appointment indicates that it is because of it, so that he may use it as a means to the judge's leaning with him against his adversary, so it is not permissible to accept it from him, just like a bribe.