Chapter: When a man becomes qualified for the judgeship. Al-Hasan said: Allah took a pledge from the judges that they would not follow their desires, not fear the people, and not sell His verses for a small price.
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The reciter: Chapter: When a man becomes qualified for the judgeship
And Al-Hasan said: “Allah took a pledge from the judges that they would not follow their desires, not fear the people, and not sell His verses for a small price. Then he recited”:[Sad 38:26] And he recited: [Al-Ma'idah 5:44] “By what they were entrusted” means they were entrusted with the verse of the Book of Allah. And he recited: [Al-Anbya 21:78-79] So Solomon praised [David] and did not blame him. And were it not for what Allah mentioned regarding the matter of these two, I would have thought that the judges were ruined. For He praised this one for his knowledge and excused this one for his ijtihad. And Mazham ibn Zafir said: “Umar ibn Abd al-Aziz said to us: Five qualities; if a judge errs in one of them, it is a blemish in him: that he be understanding, gentle, chaste, resolute, knowledgeable, and inquiring about knowledge”.
The Shaykh : The author said: Chapter: When a man becomes qualified for the judgeship. He did not mention in it anything except athar (reports from the Companions or successors). The meaning of “becomes qualified” is that the judgeship is incumbent upon him and he is worthy of it. The scholars, may Allah have mercy on them, mentioned that taking on the judgeship is a collective obligation (fard kifayah). If those who are sufficient take it on, it drops from the rest. If no one takes it on, or if there are among them those who are not sufficient, it becomes an individual obligation. This is the truth: that it is a collective obligation, because rights cannot reach their owners except through judges. This is especially the case if you are in a time when you fear that if you do not take on the judgeship, someone who is not qualified in knowledge or religion will be appointed to it. In that case, it becomes incumbent upon a person to take on the judgeship and to seek help from Allah, the Exalted, in knowing the truth and judging by it. Do not say that the judgeship is severe. We say to him: Yes, the judgeship is severe, but more severe than it is the loss of people’s rights. And if you seek help from Allah, take on the judgeship, and exert your utmost effort, then you will not be blamed, even if you make a mistake. For the mistake is forgiven for you, even if you kill a soul through your ijtihad. Indeed, Allah will not blame you for this, because you did what was obligatory upon you. As for shying away from the judgeship following some of what was reported from some of the Tabi'un (the generation after the Companions), this is a great error. Because if you flee, and you are qualified for the judgeship in knowledge, religion, and trustworthiness, then someone who is nothing will be in the judgeship. The judgeship is a collective obligation, and it becomes an individual obligation if no one else is found, or if someone is found who does not perform it in a way that pleases Allah and His Messenger.
And Al-Hasan said: “Allah took a pledge from the judges that they would not follow their desires, not fear the people, and not sell His verses for a small price. Then he recited”:
[We said], "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, as it will lead you astray from the way of Allah." Indeed, those who go astray from the way of Allah will have a severe punishment for having forgotten the Day of Account.
يا داود إنا جعلناك خليفة في الأرض فاحكم بين الناس بالحق ولا تتبع الهوى فيضلك عن سبيل الله إن الذين يضلون عن سبيل الله لهم عذاب شديد بما نسوا يوم الحسابIndeed, We sent down the Torah, in which was guidance and light. The prophets who submitted [to Allah] judged by it for the Jews, as did the rabbis and scholars by that with which they were entrusted of the Scripture of Allah, and they were witnesses thereto. So do not fear the people but fear Me, and do not exchange My verses for a small price. And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
إنا أنزلنا التوراة فيها هدى ونور يحكم بها النبيون الذين أسلموا للذين هادوا والربانيون والأحبار بما استحفظوا من كتاب الله وكانوا عليه شهداء فلا تخشوا الناس واخشون ولا تشتروا بآياتي ثمنا قليلا ومن لم يحكم بما أنزل الله فأولئك هم الكافرون(78) And [mention] David and Solomon, when they judged concerning the field - when the sheep of a people overran it [at night], and We were witness to their judgement. (79) And We gave understanding of the case to Solomon, and to each [of them] We gave judgement and knowledge.
وداود وسليمان إذ يحكمان في الحرث إذ نفشت فيه غنم القوم وكنا لحكمهم شاهدين ففهمناها سليمان وكلا آتينا حكما وعلماThe Shaykh : The author said: Chapter: When a man becomes qualified for the judgeship. He did not mention in it anything except athar (reports from the Companions or successors). The meaning of “becomes qualified” is that the judgeship is incumbent upon him and he is worthy of it. The scholars, may Allah have mercy on them, mentioned that taking on the judgeship is a collective obligation (fard kifayah). If those who are sufficient take it on, it drops from the rest. If no one takes it on, or if there are among them those who are not sufficient, it becomes an individual obligation. This is the truth: that it is a collective obligation, because rights cannot reach their owners except through judges. This is especially the case if you are in a time when you fear that if you do not take on the judgeship, someone who is not qualified in knowledge or religion will be appointed to it. In that case, it becomes incumbent upon a person to take on the judgeship and to seek help from Allah, the Exalted, in knowing the truth and judging by it. Do not say that the judgeship is severe. We say to him: Yes, the judgeship is severe, but more severe than it is the loss of people’s rights. And if you seek help from Allah, take on the judgeship, and exert your utmost effort, then you will not be blamed, even if you make a mistake. For the mistake is forgiven for you, even if you kill a soul through your ijtihad. Indeed, Allah will not blame you for this, because you did what was obligatory upon you. As for shying away from the judgeship following some of what was reported from some of the Tabi'un (the generation after the Companions), this is a great error. Because if you flee, and you are qualified for the judgeship in knowledge, religion, and trustworthiness, then someone who is nothing will be in the judgeship. The judgeship is a collective obligation, and it becomes an individual obligation if no one else is found, or if someone is found who does not perform it in a way that pleases Allah and His Messenger.