His statement, “spacious,” is another predicate of yakūn (let it be); that is, let his court be spacious, for there may be many litigants and the place may become too cramped for them. A spacious place is also more conducive to ease and openness of heart. The more spacious a place is, the more at ease a person feels in it, and the more open and expansive his heart becomes.

If it is asked: May a judge demand payment from the two litigants?

The answer is: If he receives a stipend from the public treasury, it is forbidden for him, because it resembles gifts connected with embezzlement from public funds. If he receives nothing from the public treasury, the jurists said that he may ask only for what meets his needs. The sounder view, however, is that even this is not permissible, because it opens the door to corruption and evil.

The author then began to mention the obligatory etiquettes, saying:

“And he shall act justly.” This is an independent clause, phrased as a statement but conveying a command. That is, he must deal justly between the two litigants, for Allah Most High says:

“Indeed, Allah commands justice and excellence.” [al-Naḥl 16:90]

And He says:

“Indeed, Allah commands you to render trusts to whom they are due.” [al-Nisāʾ 4:58]

The Prophet ﷺ also said: “Fear Allah and treat your children justly.” (1)

Thus, he commanded justice among one’s children; and the same applies to others whose rights are equal.

His statement, “between the two litigants,” includes the case in which both are disbelievers, both are Muslims, or one is a disbeliever and the other a Muslim; he must deal justly