a strong personality and authority, so that he is not weak before the litigants.

The negative attribute is “without harshness,” meaning that he should not be harsh by virtue of his strength. If he is weak, people’s rights will be lost; but if he is harsh, the one in the right will be intimidated by him and unable to present his case. This is why he then said: “gentle without weakness.” He should be gentle, for if he is hard-hearted and coarse, the one in the right will be intimidated by him, stumble over his words, and be unable to set forth his case. Yet if he is weak, people’s rights will be lost, the people of falsehood will manipulate him, and the litigants before him will peck at one another like fighting cocks. When you attend his court, there is shouting, commotion, reviling, and insults, while he sits silently watching. Such a person is weak, and a judge should not be like this. If he is harsh, the matter is likewise problematic, for the harsh man intimidates the one in the right, who is then unable to speak. Thus, a person should be moderate: strong without harshness, and gentle without weakness.

If someone were to say: These are qualities upon which Allah has created a servant; they are not acquired traits, but innate dispositions. So how can you require of him something innate that he is unable to cultivate?

The answer is that all innate character traits and qualities can be changed through acquisition. Many people are stern and harsh, then they keep the company of a gentle person, adopt some of his character, and become gentle. Many people have weak personalities, but they train themselves to strengthen their personalities until they become strong. Thus, the jurists have not required something impossible; rather, they have required a quality which, if a person has been naturally disposed to it, is what is sought, and if not