Chapter on Judging and Issuing Fatwas on the Road, and Yahya ibn Ya'mar Judged on the Road, and al-Sha'bi Judged at the Door of His House
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The Reciter: Chapter on Judging and Issuing Fatwas on the Road, and Yahya ibn Ya'mar Judged on the Road, and al-Sha'bi Judged at the Door of His House.
The Shaykh : This is because, in the past, they did not have court records for writing the lawsuit, its details, and related matters, which are called records of evidence. Matters were simple in the past, and we have heard and witnessed some of this: the judge would leave the mosque, followed by the litigants, and he would judge for them while walking, ruling on five or six cases, or more, from the mosque door to his home, not exceeding fifty or one hundred meters. However, people's circumstances have changed now, so writing and signing are necessary. It is also possible that matters will be completed, as the plaintiff often denies having signed this document or claims that something was added or removed. Therefore, what al-Bukhari (may Allah have mercy on him) mentioned is permissible in principle. But when circumstances change and it becomes necessary to document and write things down, we must proceed accordingly.
The Shaykh : This is because, in the past, they did not have court records for writing the lawsuit, its details, and related matters, which are called records of evidence. Matters were simple in the past, and we have heard and witnessed some of this: the judge would leave the mosque, followed by the litigants, and he would judge for them while walking, ruling on five or six cases, or more, from the mosque door to his home, not exceeding fifty or one hundred meters. However, people's circumstances have changed now, so writing and signing are necessary. It is also possible that matters will be completed, as the plaintiff often denies having signed this document or claims that something was added or removed. Therefore, what al-Bukhari (may Allah have mercy on him) mentioned is permissible in principle. But when circumstances change and it becomes necessary to document and write things down, we must proceed accordingly.