Explanation of the author's statement: "A forbearing man, possessing composure and acumen"

The Shaykh : The author said "forbearing". Forbearing means one who is far from anger, or one who is slow to anger. This is based on the saying of the Prophet (peace and blessings be upon him) . The people most deserving of this advice are the judges. If a person is quick to anger, anger is like a coal that Satan throws into the heart of a son of Adam; his neck veins swell, his eyes turn red, and his hair stands on end. He is unable to visualize the issue or apply it to the rulings of the Shari'ah. No, that is not right. For this reason, the Prophet (peace and blessings be upon him) said . Therefore, it is recommended that he be forbearing, but he should be forbearing in the place where forbearance is appropriate, and he should be punishing in the place where punishment is appropriate. If we say "be forbearing in everything," it means we have tied his hands so he cannot move. So we say he should be forbearing in the place where forbearance is wisdom. Yes, the poet says:
"Let no one be ignorant of us, *** For we will be more ignorant than the ignorant"
If a person is forbearing in the place of forbearance and takes action with punishment in the place of taking action, that is perfection. For this reason, our Lord (Mighty and Majestic) said . He said "possessing composure". Composure means deliberation and not rushing. He should be deliberate and not hasten in judgment, unlike the one who rushes in judgment. Because the situation is one that requires deliberation to visualize the issue from all angles and then apply it to what? To the evidence of the Shari'ah. This requires deliberation and not rushing. What do you say about a judge to whom two litigants came, and one of them said, "I claim against so-and-so one hundred dirhams"? The judge said to him, "O Allah, stand up and give him the hundred." Is this a judge with composure or not? No, absolutely not. This is not composure; this is rushing. Rather, the judge must deliberate. And we say about this attribute, as we said about forbearance, that deliberation may cause one to miss the opportunity. If deliberation causes one to miss the opportunity, then he should not deliberate, because if deliberation causes one to miss the opportunity, then deliberation is a waste of decisiveness. No, that is not right.
"And perhaps a people missed the greatness of their affair *** With deliberation, and the opinion would have been if they had hastened". A person may find that the opinion and decisiveness are to hasten. Good. "possessing composure and acumen". And this is also a problem; he must be acute. He must possess acumen, intelligence, and insight. These are among the recommended etiquettes, not the obligatory ones. All of these are recommended, as the author (may Allah have mercy on him) said. He should have alertness in judgment. Look at Sulayman (peace be upon him) when the two women came to him to judge regarding the son of one of them. He called for the sword to cut him in half. The older one said, "Yes, O Prophet of Allah, I am satisfied with this judgment." And the younger one said, "No, he is his son, O Prophet of Allah, do not cut him." So he judged in favor of the younger one. This is from alertness and acumen. Ibn al-Qayyim mentioned in *Al-Turuq al-Hukmiyyah* many cases of this type that indicate the acumen and intelligence of some judges. Among them is that two men disputed over a piece of land. One of them said to the judge, "He gave me the land for sharecropping, half and half." What does sharecropping mean? It means I plant it, and he has half of the crop. His companion said, "Absolutely, I did not give it to you." The judge had acumen; by his insight, he saw that the truth was with the claimant, the one who said, "You gave it to me for sharecropping." He said to the claimant, "Do you have evidence that he made this contract with you?" He said, "No, I have no evidence." He said, "Good, if you have no evidence, you have no right. And even if it were established that he made the sharecropping contract with you, this well, meaning the orchard, is an endowment (waqf). The man chose for the endowment what is most beneficial, so he gave it to you for half." Then another came and said, "I am satisfied with a third." Since the well is an endowment, which is better for the owner of the land, a third or a half?

The questioner : Two thirds.

The Shaykh : Two thirds means it is better for the planter to have a third and the owner of the well to have two thirds. This is a man who looked at the endowment and was cautious regarding the endowment. What do you say? The judge said to the owner of the well, "What do you say? Is that not the case?" He said, "Yes, indeed." This is insight. So the judge said to the owner of the well, "Give the planter the well, and the statement is what the planter said." Did you understand now? Good. So things like this, meaning the judge making the defendant or the claimant think the opposite of the reality in order to derive the ruling, this is from the acumen that the judge should possess.

The questioner : O Shaykh.

The Shaykh : Yes, now it is the time for questions. Yes.