Chapter: The Procedure and Manner of Judgement

When two litigants appear before him, he says, “Which of you is the claimant?” If he remains silent until one of them begins, that is permissible. Whoever is first to make a claim is heard first. If the other acknowledges the claim, he rules against him in the claimant’s favor, …

His statement, “Procedure”: the procedure for something is that which leads to it. Thus, one speaks of the road to a town because it leads to the town.

His statement, “Judgement”: this means deciding disputes. That is, this chapter concerns the means by which we arrive at a judgement between people.

It has previously been explained that two litigants enter before the judge, and that he is required to treat them equally in his speech, his gaze, their entry before him, and their seating—that is, in four matters. Once they enter before him in this manner, how does he proceed to judge between them? The author says:

“When two litigants appear before him, he says, ‘Which of you is the claimant?’ If he remains silent until one of them begins, that is permissible.” When the two litigants appear and sit before the judge, he has a choice: if he wishes, he may say, “Which of you is the claimant?” If he were to say, “What is your case?” that would also be permissible, because these wordings are not prescribed acts of worship. What matters is that he ask them, “Which of you is the claimant?” If he uses different words that convey the same meaning, there is nothing wrong with that. Or, he may remain silent until one of them begins.

Thus, when the two litigants appear before him, the judge may either question them or remain silent. But if they remain silent, how long should he wait? The judge may have other cases to examine. If he fears that the two litigants may think that he is occupied with matters other than theirs, then he should leave off examining those matters, so as to give them the opportunity to speak.