Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Explanation of the author's statement: "And he should choose the best person he can find in terms of knowledge and scrupulousness"

Machine translationRead the Arabic original
The Shaykh : He said "And he should choose the best person he can find" The word "choose" is in the accusative case, not the nominative. The accusative means that it is obligatory for him to choose the best person he can find in terms of knowledge and scrupulousness. The best person he can find in terms of knowledge and scrupulousness. Pay attention: the best person he can find in terms of knowledge of what? Of the rulings of the Shari'ah. In fact, we say: of the rulings of the Shari'ah and of the conditions of people. Did you understand? And we may add intelligence and insight, because intelligence and insight are important in the matter of judgment. Knowledge of the Shari'ah, knowledge of the conditions of people, and then what? Intelligence and insight. Because intelligence and insight have importance in this position, since among people there are those who are right and those who are wrong, there are those who are unable to express themselves, and there are those who are eloquent and fluent. The truth is lost if the judge does not have knowledge of the conditions of people, insight, and intelligence. It is not hidden from you the story of Sulayman and Dawud regarding the two women who went out to the open land with their two sons. A wolf ate the son of the older woman, so they came to Dawud (peace be upon him) to seek his judgment. He ruled that the son belonged to the older woman, perhaps he thought (peace be upon him) that she was closer to the truth, or he said, "This one is young and can give birth in the future, while this one is older and may stop giving birth, so she is more deserving of compassion." In any case, he ruled that the child belonged to the older one. Then they left him and happened to meet Sulayman (peace be upon him), who asked them about it. They said so and so. He said, "The ruling is that I bring a knife and cut him in half, so the older one takes half and the younger one takes half." The older one said, "Fine, there is no objection." The older one said, "Yes, cut him in half and give me the half, and each one will go with their share of meat." As for the younger one, she said to him, "O Messenger of Allah, do not cut him." She had the insight now to give what? That it belongs to the younger one. The evidence is the tenderness and compassion. That is her son who was eaten. Let this one go with her, the older one. As for the younger one, compassion and tenderness took hold of her, and she said, "It is hers." So he ruled that it belonged to the younger one. He ruled that it belonged to the younger one. And the stories of intelligence among the judges are numerous. Ibn al-Qayyim (may Allah have mercy on him) mentioned a good number of them in *Al-Turuq al-Hukmiyyah* regarding intelligence in judicial rulings. The important thing is to choose the best person one can find in terms of knowledge of the Shari'ah, and then what? And knowledge of the conditions of people, and intelligence and insight.

The questioner : In something similar to this, that...?

The Shaykh : We will see, if Allah wills.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas