He does not have that right, because he has already forfeited his right to produce it, and because permitting its production opens the door to stratagem; for he might say: 'I do not want to produce it,' so that his opponent swears, and then he produces it. If he has one witness in financial matters, the judge shall inform him that he has the right to swear along with his witness and thus entitle himself to the claim. If he says: 'I will not swear; I am content with his oath,' the defendant shall be required to swear for him. Once he has sworn, the right is dropped from him. If the claimant returns after that and says: 'I will swear along with my witness,' he shall not be required to swear, and it shall not be heard from him. This was mentioned by the Qadi, and it is the school of al-Shafi'i, because the oath is his own act and he is capable of performing it; thus, it is possible for him to waive it, unlike evidence. If he returns before the defendant has sworn and offers to take the oath, the Qadi said: He does not have that right in this session. In every instance where we stated: 'The defendant is required to take the oath,' the judge says to him: 'If you swear, [well and good], otherwise I will deem you a refuser and rule against you,' doing so three times. If he swears, [well and good]; otherwise, he rules against him due to his refusal, provided the claimant has requested that. If he remains silent regarding the response to the claim and neither confesses nor denies it, the judge shall imprison him until he answers, and he shall not deem him a refuser by that alone. This was mentioned by the Qadi in 'Al-Mujarrad'. Abu al-Khattab said: The judge says to him: 'If you answer, [well and good], otherwise I will deem you a refuser and rule against you.' He repeats this to him three times, and if he answers, [well and good]; otherwise, he deems him a refuser and rules against him, because he is a refuser regarding that to which the answer is directed, so he is ruled against due to his refusal, just as in the case of an oath.

1874- Issue: He said: 'And if he rules against a man regarding the work of another, and he writes to the judge of that city for the enforcement of the judgment against him, his letter shall be accepted, and the one judged against shall be held to that right.'

The basis for the letter of a judge to a judge, and a governor to a governor, is the Book (Quran), the Sunnah, and consensus. As for the Book, it is the saying of Allah the Almighty: "'Indeed, a noble letter has been delivered to me. It is from Solomon, and it is: In the name of Allah, the Most Gracious, the Most Merciful. That you not be haughty toward me but come to me in submission'" (Quran 27:29-31). As for the Sunnah, the Prophet (may Allah bless him and grant him peace) wrote to Chosroes, Caesar, the Negus, and the kings of the surrounding lands. He used to write to his governors, and he wrote to his agents and tax collectors. It was in his letter to Caesar: "In the name of Allah, the Most Gracious, the Most Merciful. From Muhammad, the Messenger of Allah, to Caesar, the Great of Rome. Peace be upon those who follow the guidance. To proceed: Accept Islam and you will be safe; accept Islam and Allah will give you a double reward. But if you turn away, then upon you is the sin of the peasants. 'O People of the Scripture, come to a word that is equitable between us and you...'" (Quran 3:64). Al-Dahhak ibn Sufyan narrated, saying: The Messenger of Allah (may Allah bless him and grant him peace) wrote to me: "That you assign the wife of Ashyam al-Dababi a share of the blood money of her husband."