“I will not adjudicate between you except for such-and-such.” According to the case: if it is a major one, he says, “I will adjudicate between you for a large sum”; and if it is minor, for a small sum. Is this permissible or not?

There is a difference of opinion on this matter. The well-known position of the madhhab is that it is permissible, but the correct view is that it is not permissible, because this is taking compensation for something that is obligatory upon him. Adjudicating between people is obligatory, and if he accustoms himself to this, will he confine himself to what suffices him? Never. He will become greedy. If, for example, he sets the fee at five per thousand on the first day, he will set it at ten per thousand on the second day, and his greed will increase. The sound view, then, is that this is not permissible. He should be told: Fear Allah as much as you are able. Work in the marketplace and adjudicate between people at another time. Yet this case is extremely rare in occurrence, and in our time—praise be to Allah—judges receive stipends from the public treasury that exceed their needs.

His statement: “Likewise, a gift, except from one who used to give him gifts before his appointment, provided that he has no case before him.” This means that it is prohibited for a judge to accept a gift. If someone gives him a gift, he may not accept it, whether or not that gift-giver has a case before him. Thus, if a man is appointed as a judge today, Tuesday, then on Monday—yesterday—he may accept it. But today he may not accept it except on two conditions:

First: the gift-giver must have had the customary practice of giving gifts to this judge before he assumed the office of judge.