He does this for his own benefit by attaining (24) reward and closeness [to Allah]. Regarding banquets, the right of the host is observed, so the heart of the one whom he did not answer is broken if he answers someone else.
1873 - Issue; he said: (And he shall be equitable between the two disputants regarding entry to him, the seating, and address.)
Its general meaning is that the judge must be equitable between the two disputants in everything: the seating, the address, [the gaze and the speech] (1), the entry to him, the silence for them, and listening to them. This is the opinion of Shurayh, Abu Hanifa, and al-Shafi'i. I know of no dissenter regarding this. Umar ibn Shabba narrated in his book "Qudat al-Basra" (Judges of Basra), with his chain of transmission from Umm Salama, that the Prophet (peace and blessings of Allah be upon him) said: "Whoever is afflicted with the judiciary between Muslims, let him be equitable between them in his speech, his gesture (2), and his seating, and he should not raise his voice at one of the disputants in a way he does not raise it at the other" (3). In another narration: "Let him treat them equally in looking, sitting, and gesturing." Umar, may Allah be pleased with him, wrote to Abu Musa (4): Treat the people equally in your sitting and your justice, so that the weak does not despair of your justice, and no noble person covets your partiality (6). Sa'id said: Hushaym narrated to us, [Sayyar] (8) narrated to us, al-Sha'bi narrated to us, saying: There was a dispute (9) between Umar ibn al-Khattab and Ubayy ibn Ka'b regarding something, so they appointed Zayd ibn Thabit between them. They came to him at his house, and Umar said to him: We have come to you so that you may judge between us; it is in his house that the judge should be visited (10). Zayd cleared a space for him on
(24) In M: "for the attainment of". (1) In the original: "the glance and the word". (2) In the original: "and his gestures". (3) Recorded by al-Bayhaqi in: The Chapter of Fairness Between Two Disputants..., from the book Adab al-Qadi (Etiquettes of the Judge). Al-Sunan al-Kubra 10/135. (4) Omitted from: M. (5) In the original: "wa-as". (6) Its extraction was previously mentioned in: 13/193. (7) In the original: "he informed us". (8) In the original: "Yasar". What is here is also in: Al-Sunan al-Kubra 10/136. (9) In al-Sunan al-Kubra: "tadari" (a dispute). (10) In M: "the ruler". It is a well-known proverb.