he cannot be fit to serve as a judge. However, we must understand that this condition is applied, or acted upon, according to what is possible. If we can find no one but a flagrantly sinful ruler, then we appoint him, choosing the one who is least sinful. This is due to Allah’s saying:
“So fear Allah as much as you are able.” [al-Taghabun: 16]
Otherwise, if we were to examine our society today, we would not find anyone free of some trait by which he is deemed flagrantly sinful, except whomever Allah wills. Backbiting is flagrant sinfulness, and it is widespread. Likewise, absence from work and persisting in it—for example, coming only an hour after the workday has begun and leaving an hour before it ends. Persisting in this is flagrant sinfulness, because it is contrary to trustworthiness; it is betrayal and unlawfully consuming wealth. Every salary that you take without doing the corresponding work is unlawfully consumed wealth.
Likewise, if we were to examine our society, we would find many people lax regarding letting their garments hang below their ankles, unconcerned when they do so. We would also find many people lax in tampering with their beards, either by shaving or trimming them. Therefore, if we cannot find among the people anyone who possesses the qualities of uprightness, we appoint the least flagrantly sinful of them.
Although a sin renders a person flagrantly sinful, does it remove his authority? Or do we say that authority is one matter and flagrant sinfulness another? For some people may be flagrantly sinful, yet their authority is among the most complete forms of authority.
The seventh condition is his statement: “able to hear.” Its opposite is deafness: one who cannot hear, such that even if the loudest sound in the world occurred beside his ear, he would not hear it. Such a person is not fit to serve as a judge. They said: This is because he cannot hear the statements of the two litigants. The apparent meaning of their words is that he is not fit to serve as a judge even if the statements of the two litigants could be conveyed to him through writing or gestures. I once knew a man—