to the younger woman. (1)
There are many accounts of judges’ discernment. Ibn al-Qayyim, may Allah have mercy on him, mentioned a good number of them in al-Ṭuruq al-Ḥukmiyyah, in connection with judges’ rulings.
His statement, “and scrupulousness”: scrupulousness and asceticism both involve refraining, but scrupulousness is refraining from what harms one in the Hereafter, whereas asceticism is refraining from what does not benefit one in the Hereafter. There is a difference between them. Scrupulousness means that a person avoids everything that harms him: he does not unlawfully consume what he has no right to consume, wrong anyone, neglect any part of his work, or the like. Asceticism, on the other hand, is to forsake what brings no benefit: one leaves permissible things in order to rise to higher degrees of perfection.
Accordingly, asceticism is higher than scrupulousness—that is, the station of asceticism is higher than the station of scrupulousness—because asceticism means leaving what brings no benefit. We may illustrate this with three cases:
The first is a man who consumes what is unlawful.
The second is a man who does not consume what is unlawful, but does not refrain from things that contain neither good nor harm.
The third is a man who leaves everything that has no benefit and thus does not consume it.
The first possesses neither scrupulousness nor asceticism. The second possesses scrupulousness but not asceticism. The third possesses both scrupulousness and asceticism, because whoever forsakes what brings no benefit will, all the more readily, forsake what harms him. What is required of a judge is scrupulousness; as for asceticism, it is an additional perfection. Scrupulousness, however, is indispensable.