The Meaning of the Jurists' Statement: The Ruling on the Absent Person Is Based on His Defense
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The questioner:
The jurists say that when ruling on an absent person, he is considered to be on his defense if he is present. What is meant by this phrase of theirs?
The Shaykh:
If he is present, he answers the claim brought against him. If he answers with a valid response, the ruling is overturned and his right is restored to him. However, we do not dismiss the case and deprive the claimant, who has presented evidence, of his right, because that would harm him. The absent person may be absent specifically to cause harm; if he knows that a ruling will be issued against him, he will attend. But if it happens that he did not know or did not attend, when he comes, he is told: What do you have? Answer your opponent's claim. Yes.
The presenter:
May Allah reward you.
The Shaykh:
The case is opened for him, yes.
The presenter:
May Allah reward you
The jurists say that when ruling on an absent person, he is considered to be on his defense if he is present. What is meant by this phrase of theirs?
The Shaykh:
If he is present, he answers the claim brought against him. If he answers with a valid response, the ruling is overturned and his right is restored to him. However, we do not dismiss the case and deprive the claimant, who has presented evidence, of his right, because that would harm him. The absent person may be absent specifically to cause harm; if he knows that a ruling will be issued against him, he will attend. But if it happens that he did not know or did not attend, when he comes, he is told: What do you have? Answer your opponent's claim. Yes.
The presenter:
May Allah reward you.
The Shaykh:
The case is opened for him, yes.
The presenter:
May Allah reward you
Source
شرح أخصر المختصرات في الفقه، كتاب القضاء — islamhouse.com (40:37)
The Arabic text is a machine transcription of the audio recording.