What is the commentary on the hadith of the just judge, and is it permissible to use deception to escape from the judiciary?
Machine translationRead the Arabic original
The questioner : This questioner says: Honorable Shaykh, peace be upon you and Allah's mercy and blessings. And after that, what is your commentary on the saying of the Prophet (peace and blessings be upon him) in the hadith Bulugh al-Maram 1408, and is it permissible to use deception to escape from the judiciary? For one who knows from himself that he is unable to do this work, either due to his weakness in knowledge or the difficulty of this field.
The Shaykh : I say, regarding the words of the Messenger (peace and blessings be upon him), the Prophet (peace and blessings be upon him) informed that, so whoever knows the truth and rules by it is in Paradise. Let a person prepare himself for this, that he will judge between people with knowledge and justice. And if he prepares himself for that, he is on the right path. Indeed, Allah the Exalted commanded His Prophet Dawud and said: [Sad 38:26], so this is the duty of the Prophets (peace and blessings be upon them). As for wishing to be alert, the capable one is ordinary.
The presenter : This must be that there is something of... the singing... a case among the cases for which this judge was held accountable, so he wished that he had not judged between them over a date. Ah.
the just Qadi (judge) will be called (forth) on the Day of Resurrection and he will wish he had never given judgement even between two men throughout his life,
يؤتى بالقاضي العادل يوم القيامة فيرى من الحساب ما يتمنى أنه لم يقض بين اثنينThe Shaykh : I say, regarding the words of the Messenger (peace and blessings be upon him), the Prophet (peace and blessings be upon him) informed that
Three are in Paradise: a judge, and two are in the Fire.
ثلاثة راحلة قاض في الجنة وقاضين في النار،"O David, indeed We have made you a successor upon the earth, so judge between the people in truth and do not follow [your own] desire
يَا دَاوُودُ إِنَّا جَعَلْنَاكَ خَلِيفَةً فِي الْأَرْضِ فَاحْكُم بَيْنَ النَّاسِ بِالْحَقِّ وَلَا تَتَّبِعِ الْهَوَىٰThe presenter : This must be that there is something of... the singing... a case among the cases for which this judge was held accountable, so he wished that he had not judged between them over a date. Ah.
Source
لقاء الشيخ مع طلبة كلية الشريعة وأصول الدين بالقصيم — archive.org (38:52)
The Arabic text is a machine transcription of the audio recording.