it is written by his scribe (29), and he is not able to conceal it from him. As for us, the Messenger of Allah (peace and blessings of Allah be upon him) was unlettered (ummi), yet he was the master of all judges, and writing is not a necessity for the position of judgment (30), so its conditions are not considered. If he needs that, it is permissible for him to appoint someone who knows it, just as he may need to divide [property] among people (31), yet knowledge of surveying is not a condition for him, and he needs to perform appraisals, yet it is not a condition (32) of adjudication (qada') that he be knowledgeable of the values (33) of things, nor is it a condition that he know the defects of every single thing.
Section: The judge should be strong without being violent, and gentle without being weak. The powerful should not covet his falsehood, and the weak should not despair of his justice. He should be forbearing, deliberate, possessing insight and vigilance, not taken by surprise due to negligence, nor deceived by guile. He should be sound of hearing and sight, knowledgeable of the languages of the people of his jurisdiction, chaste, pious, upright (29), far from (34) greed, truthful in speech, and a person of opinion and consultation. His speech should be gentle when he is approached, yet possess authority when he threatens, and he should be faithful to his promises. He should not be a tyrant or overbearing, so that he suppresses the one who has a proof from presenting his proof. Ali (may Allah be pleased with him) said: "A judge should not be a judge until he possesses five qualities: chastity, forbearance, knowledge of what preceded him, consulting those of intellect, and not fearing, in the cause of Allah, the blame of any critic." From Umar ibn Abd al-Aziz (may Allah be pleased with him) (35), it is said: "It is fitting for a judge that seven qualities be gathered in him; if one is missing, it is a blemish upon him: intellect, jurisprudence, piety, uprightness, firmness, knowledge of the Sunnah, and forbearance (36)." Sa'id (37) narrated it, and in it: "He should be understanding, forbearing, chaste,"
(29) Omitted from: the original. (30) In B and M: "al-hakim" (the judge). (31) Omitted from: M. (32) In the original: "shartuhu" (its condition). (33) In B and M: "bi-qimati" (of the value). (34) In B: "min" (from). (35) In B, an addition: "annahu" (that he). (36) In B and M: "wa-al-hukm" (and judgment/wisdom). (37) Sa'id bin Mansur narrated something similar, in the chapter: "Consulting the Governor and the Judge regarding the matter," from the book 'Adab al-Qadi'. Al-Sunan al-Kubra 10/110. Al-Bukhari mentioned it in the chapter: "When is a man eligible for adjudication?" from the Book of Judgments. Sahih al-Bukhari 9/84. Both with the wording: "five qualities."
