When is the scholar preferred in authority, and when is the pious one preferred?

The questioner : Some scholars were asked: If no one is available to be appointed as a judge except a sinful scholar or a pious ignorant person, which one should be preferred? They said: If the need for piety is greater due to the prevalence of corruption, the pious one is preferred. If the need for knowledge is greater due to the obscurity of rulings, the scholar is preferred. Most scholars

The Shaykh : If the need for piety is greater for the purpose of preventing corruption, the pious one is preferred. And if the need is for the copy of the religion.

The questioner : For knowledge.

The Shaykh : For knowledge. Correct. The one who has a similar case validates it.

The questioner : And if the need for knowledge is greater due to the obscurity of rulings, the scholar is preferred. Most scholars prefer the pious one, for the Imams agree that it is not

The Shaykh : And what he means by "ignorant" here is not the absolutely ignorant person who knows nothing, for such a person is not permissible to be appointed at all. But what he means by "ignorant" is the relatively ignorant person. That is, we have a good scholar who can resolve problems, and we have a scholar below that level, who is ignorant relative to him, but he is more pious. So here we look: if the need for piety is greater due to the prevalence of corruption, who is preferred? The pious one. And if the need for knowledge is greater due to the obscurity of rulings, the scholar is preferred.

The questioner : Green.

The Shaykh : Yes, indeed. How? Do you have the sinner? Yes, her intention is this: her intention is the scholar who is lower than that in religion. Even the sinful scholar, if we do not find anything but sinful scholars, for example, if we do not find among the students of knowledge anyone except those who shave their beards or drag their garments, what do we do? Do we leave the judiciary because there is no one but a sinner? No, we must appoint the most suitable of the suitable.

The questioner : And if the need for knowledge is greater due to the obscurity, the scholar is preferred. What does this mean?

The Shaykh : It means if the issues are complex and obscure, requiring a good scholar, then the scholar is preferred over the pious one. And if desires, evil, corruption, and bribery are widespread, the pious one is preferred over the scholar. And both are qualified for the judiciary.