people becoming averse to giving testimony. Moreover, if he puts them through such questioning, some people do not possess the necessary firmness and may become unsettled and weak in delivering their testimony. Thus, he may not harass them, rebuke them, or test them—unless he develops some doubt. In that case, there is nothing wrong with separating the witnesses, asking each one for his testimony, and seeing whether their testimonies contradict one another or not.

His statement, “And rules accordingly,” means: after all the conditions for judgment have been fulfilled and after the legal ruling has become clear to him; otherwise, he should wait.

His statement, “And he does not rule according to his own knowledge,” means that if two people bring a dispute before him, and he knows that the claimant is truthful in what he claims, may he rule on the basis of his own knowledge? The author says: he does not rule according to his own knowledge, even if he knows, as clearly as the sun, that the claimant is truthful. This is because the Prophet ﷺ said: “I judge only according to what I hear” (1); he did not say, “according to what I know.” Thus, judgment is founded upon outward, perceptible matters, so that the judge will not become an object of suspicion. For if he rules on the basis of his own knowledge, people will say, “He ruled in So-and-so’s favor against So-and-so, although he was merely a claimant with no witnesses,” and they will suspect him.

Furthermore, even if we were to open the door and say, “This judge is among the most just of Allah’s servants and rules only by the truth,” another judge might come and rule falsely, saying, “This is what I know!” This is possible. Therefore, if judges were permitted to rule on the basis of their own knowledge, people’s affairs would be corrupted, for not everyone is trustworthy. Hence, closing this door is preferable.