Explanation of the author's statement: "He says, 'I have appointed you as judge, or I have entrusted you with the judgment, or the like,' and he writes to him if he is far away"

The Shaykh : Then the author explained the formula of appointment, saying "He says", meaning the Imam or the one the Imam delegates, such as the Minister of Justice in our time, says "I have appointed you as judge, or I have entrusted you with the judgment, or the like." His statement "or the like" means anything similar that indicates appointment. So if he said, for example, "I have appointed you as judge in such-and-such a place," the appointment is valid. It is valid whether he said it or not. If he said, "I have made you a judge in such-and-such a town," it is the same. This is because the criterion is meanings, not words. Words are made as vessels for meanings, so anything that indicates the meaning is what contracts are established by. There is no specific word that is a form of worship such that people are not allowed to contract except with it, even in marriage, even in marriage according to the correct opinion. So any word that indicates the contract, the contract is established by it. Yes, he says "or I have entrusted you with the judgment, or the like." "And he writes to him". In my opinion, and the correct writing is that he writes to him. "He writes to him if he is far away" means he writes to him if he is distant. He writes to him regarding the appointment: "From so-and-so to so-and-so, peace be upon you and Allah's mercy and blessings. After that, I have appointed you as such-and-such." A telegram serves the place of writing. The telephone serves its place. It serves the place of the telegram because he addresses him directly. We benefit from the author's statement "he writes to him if he is far away" that it is not necessary for the Imam to have witnesses to the appointment of the judge. But it is necessary for us to know that this came from the Imam. How do we know? By the seal or the known signature or the like. So the judiciary is established by what? By the word or the writing. The word does not have a specific word prescribed by the Shari'ah, but anything that indicates the appointment establishes the appointment. As for the writing, it is clear that he writes to him what indicates the appointment. The author (may Allah have mercy on him) did not mention here that witnessing is a condition. The issue will come, if Allah wills, in the chapter of the judge's letter to the judge: is witnessing a condition or not? And the correct opinion is that it is not a condition. For the Prophet (peace and blessings be upon him) used to write letters to kings and leaders without having two witnesses.