Explanation of the author's statement: "Chapter on the Etiquette of the Judge: He should be strong without being violent, and gentle without being weak"

The Shaykh : Then the author (may Allah have mercy on him) said: "Chapter on the Etiquette of the Judge". The etiquette of the judge means the moral character that he is required to possess. So, etiquette refers to moral character. The etiquette of the judge means the moral character that he is required to possess, whether it is obligatory or recommended. The judge is the one appointed by the one in authority to judge between people, and he continues to be called by this name to this day. He said: "He should be strong without being violent". The word "should" (yajib) when it appears in the speech of jurists means "it is recommended." When it appears in the speech of Allah, the meaning is that it is impossible. If it appears in the negative form in the speech of Allah or in the speech of the Messenger of Allah (peace and blessings be upon him), its meaning is that it is impossible. An example is His saying, the Exalted: . And what does "it is not fitting" (ma yajib) mean? It means it is not good for Him to have a child. The meaning is that it is impossible; it is impossible to the utmost degree of impossibility. And the Prophet (peace and blessings be upon him) said: , meaning that sleep is impossible for Him. As for the word "should" (yajib) in the speech of jurists, it means "it is recommended." If they say "it is not fitting" (la yajib), it means "it is not recommended." If they say "it is fitting" (yajib), it means "it is recommended." So he says: "He should". But this is the convention of the jurists in general. As for Imam Ahmad (may Allah have mercy on him), his companions say that if he says "it is not fitting" (la yajib), it is for dislike (makruh), and it may be for prohibition. He said: "He should be strong without being violent". Strong without being violent: these are two descriptions, one affirmative and the other negative. The affirmative is that he should be strong, meaning he has a personality and authority, and he does not become weak before the litigants. Without being violent: this is a negative description, meaning he does not become violent with his strength. Why? Because if he is weak, rights are lost, and if he is violent, the owner of the right fears him and is unable to present his argument. For this reason, he said afterwards: "Gentle without being weak". Yes, he should be gentle, because if he were harsh and rough, the owner of the right would fear him, stammer, and be unable to present his argument. And if he were weak, rights would be lost, and the people of falsehood would play with him, and the litigants would become like roosters crowing in his presence. Yes, if you attend his session and there is noise, joking, cursing, and insults, and he is silent, watching, is this strong or not?

The questioner : It is weak.

The Shaykh : This is weak. This is weak, and it is not fitting for the judge to be in this state. It is not fitting for the judge to be in this condition. And if he is violent, the matter is also problematic, because the owner of the right fears the violent person and is unable to speak. So a person is in between: strong without being violent, and gentle without being weak. If someone were to say, "These are traits that Allah creates in the servant, meaning the person..."