Discussion regarding the conditions of the judge.

The Shaykh : Correct, correct, because he cannot judge while he is below the age of maturity or if he is insane. It is required that he be male. This is correct, but we will come to the issue of women judging, if Allah wills, where it is stated that there is no harm if a woman judges, but for her to hold a public office, this is not permissible. Good. The condition that he be Muslim is correct, correct, yes. Good. The condition that he be free is not correct, because the cause they mentioned, which is that the slave is occupied with serving his master, may be removed. How is it removed? By the master's permission; he grants him permission. And if this slave is knowledgeable and the conditions are met in him, what is the obstacle? Slavery is not an obstacle. So the stronger position in the issue of freedom is that it is not a condition if the master permits it. Good. Hearing? Is this in its absolute sense? The correct view is that it is not in its absolute sense, and that if it is possible to convey the argument to the deaf person by gesture or by writing, then his judgment is valid, because the cause they mentioned, which is that he does not hear the words of the litigants, is removed in the case where he is written to and he understands, or he is gestured to and he understands the gesture. Seeing? The correct view is that it is not required that he be seeing, because the ability to judge and trustworthiness in it are realized without him being seeing, and reality bears witness to that. How many judges are there who do not have sight? And if he lost his sight, he gained insight. Good. Speaking? Is this a correct condition? No, the correct view is that it is not a condition. If he is mute and his gestures are understood, or if he writes, then his judgment is valid. Good. A mujtahid? Yes, correct. It is required that he be a mujtahid, even if only in his own school of jurisprudence. If we do not find a mujtahid, we appoint a follower of a scholar out of dire necessity. Good.