Continuation of the explanation of the author's statement: "And the conditions for the judge are ten qualities: that he be an adult, sane, and male"
Machine translationRead the Arabic original
The Shaykh :"The conditions for him are that he be an adult, sane, and male" And we said that the opposite of male is female and hermaphrodite. As for the female, we have explained the evidence and the reasoning for why she is not valid as a judge. As for the hermaphrodite, it is because he lacks a condition, which is maleness, and because it is not known whether he is male or female, so we do not ascertain the success that the one who says the man is appointed to the judgeship. The apparent meaning of the author's words is that the female does not become a judge, even in matters concerning females, and that is the case; she does not undertake the judgeship. And as for what is other than the judgeship, such as testimony, and likewise being an arbitrator in a matter of settlement, being a nose-bridge expert and ruling by nose-bridge expertise that she knows, and what is similar to that, there is no harm in it. But in the judgeship, it is not valid, even if the judgeship is between women.
