If he hides, the judge shall send someone to proclaim at his door three times that if he does not appear, he will seal his door and affix his stamp to it. He gathers his prominent neighbors and has them witness his notification. If he does not appear, and the claimant asks him to seal his house and affix his stamp to it, and it is established before the judge that the house is his, he seals it. If he does not appear, the judge shall send someone to proclaim at his door, in the presence of two just witnesses, that if he does not appear with so-and-so, he will appoint an agent on his behalf and adjudicate against him. If he does not appear, he appoints an agent on his behalf, hears the evidence against him, and adjudicates against him just as he would against an absentee, and fulfills his right from his wealth if he finds he has any. This is the school of al-Shafi'i, Abu Yusuf, and the people of Basra; Ahmad narrated this from them. If he finds no wealth for him and the claimant has no evidence, Ahmad used to disapprove of raiding him, and would intensify [the search] for him until he is found. Al-Shafi'i said: If he knows his location, he orders that he be raided. He sends eunuchs or youths who have not yet reached puberty, and trustworthy women, along with just men. He has the women and children enter; once they reach the courtyard of the house, the men enter. The eunuchs are ordered to search, and the women examine the women. If they find him, they seize him and bring him. If he seeks help against an absentee, you must consider: if the absentee is outside the judge's jurisdiction, he does not have the authority to seek help against him, but he has the right to adjudicate against him according to what we will mention, if Allah the Exalted wills. If he is within his jurisdiction, and he has a deputy in his town: if he has evidence, the right is established before him, and he writes regarding it to his deputy without summoning him. If he has no present evidence, he refers him to his opponent to litigate before his deputy. If he has no deputy there, and there is someone there capable of judging, [he permits him to adjudicate between them. If there is no one there capable of judging], it is said to him: Clarify your claim, for it may be that what he claims is not a right according to him, such as pre-emption for a neighbor, the value of a dog, or the wine of a dhimmi. Thus, he does not compel him to appear for that which he cannot be adjudicated against, due to the hardship involved, unlike the person who is present, for there is no hardship in his appearance. Once the claim is clarified, he sends for and brings his opponent.
(32) In the original: "wa yatafaqadun" (and they examine). (33) In the original: "fa idha" (so when). (34) Omitted from: the original. (35) Omitted from: the original. [Editorial note: Verify this].