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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 14 · Page 8

Translation · EN

Uthman (may Allah be pleased with him) wanted to appoint Ibn Umar to the judiciary, but he refused. Abu Abdullah ibn Hamid said: If he is an obscure man, not referred to for legal rulings, and not widely known, then it is more appropriate for him to accept it so that he may be referred to for rulings, the truth may be established through him, and the Muslims may benefit from him. If, however, he is renowned among the people for his knowledge, and is referred to for teaching and issuing fatwas, then it is more appropriate to be occupied with that, due to the benefit it provides along with safety from risk. The companions of Al-Shafi'i said something similar, and they also said: If he is in need and there is a stipend for the judiciary, it is more appropriate for him to occupy himself with it, as it is then more appropriate than other earnings; for it is an act of closeness to Allah and an act of obedience. In any case, it is disliked for a person to seek it and strive to obtain it, because Anas narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "Whoever seeks the judiciary and requests intercessors for it will be left to himself, and whoever is compelled into it, Allah will send down an angel to guide him." Al-Tirmidhi said: This is a hasan gharib (good but singular) hadith. The Prophet (peace and blessings of Allah be upon him) said to Abd al-Rahman ibn Samura: "O Abd al-Rahman, do not ask for authority, for if you are given it upon asking, you will be left to it, and if you are given it without asking, you will be aided in it." This is agreed upon. The third: One for whom it is obligatory, which is one who is fit...

Notes

(19) Recorded by Al-Tirmidhi in the chapter: "What has been narrated from the Messenger of Allah (peace and blessings of Allah be upon him) concerning the judge," from the chapters on legal rulings (Aridat al-Ahwadhi 6/63, 64); by Ibn Hibban in the chapter: "Mention of the warning against a person entering into the judiciary of the Muslims..." from the Book of the Judiciary. See: Al-Ihsan bi-Tartib Sahih Ibn Hibban 7/257, 258. It was also mentioned by Waki' in Akhbar al-Qudat 1/17, 18. (20) In the chapter: "What has been narrated from the Messenger of Allah (peace and blessings of Allah be upon him) concerning the judge," from the chapters on legal rulings (Aridat al-Ahwadhi 6/65, 66). It was also recorded by Abu Dawud in the chapter: "On seeking the judiciary and being hasty towards it," from the Book of Judicial Decisions (Sunan Abi Dawud 2/269); by Ibn Majah in the chapter: "Mention of the judges," from the Book of Judgments (Sunan Ibn Majah 2/774); and by Imam Ahmad in the Musnad 3/118, 220. (21) In manuscript M: "min" (from). (22) Recorded by Al-Bukhari in the beginning of the Book of Oaths and Vows, and in the chapter: "Expiation before or after breaking an oath," from the Book of Expiations, and in the chapter: "Whoever does not ask for authority, Allah aids him," and the chapter: "Whoever asks for authority, he is left to it," from the Book of Judgments (Sahih al-Bukhari 8/159, 184; 9/79). Also by Muslim in the chapter: "The prohibition of seeking authority and being covetous of it," from the Book of Authority (Sahih Muslim 3/1456). It was also recorded by Abu Dawud in the chapter: "What has been narrated concerning seeking authority," from the Book of Authority (Sunan Abi Dawud 2/118); Al-Tirmidhi in the chapter: "What has been narrated concerning one who swears an oath then sees that something else is better than it," from the chapters on vows (Aridat al-Ahwadhi 7/10); Al-Nasa'i in the chapter: "The prohibition of asking for authority," from the Book of the Judiciary (al-Mujtaba 8/198); Al-Darimi in the chapter: "Whoever swears an oath then sees that something else is better than it," from the Book of Vows (Sunan al-Darimi 2/186); and Imam Ahmad in the Musnad 5/62, 63.

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