by saying: “Wheat,” “rice,” or the like. Nor is even this sufficient until he states its quantity, such as one hundred ṣāʿs, two hundred ṣāʿs, or the like. Nor is even this sufficient until he also mentions its description—whether it is of good or inferior quality, and so forth. In short, the claim must be fully specified in every respect and from every angle.
Thus, if he claims a camel from another, the claim is not established, because it is vague, until he clarifies it. He must say, for example: “A four-year-old camel,” “a two-year-old camel,” or the like; its description is such-and-such, and its breed is such-and-such. This is the view adopted by the author.
It was also said that an unspecified claim is valid: the judge hears it and asks the claimant to specify it. Thus, if he says, “I claim a camel from him,” the judge hears the claim, but says: “Describe it; state its type, its breed, and so forth.” This is the sounder view, particularly in matters requiring a precise description. For example, if he says, “I claim land from him; I claim that this property, which is in his possession and over which he exercises control, belongs to me,” the claim is heard. Thereafter, the claimant is asked to specify and distinguish it, because no judgment can be issued until it has been precisely defined.
The jurists, may Allah have mercy on them, cited as evidence for this the saying of the Messenger, peace and blessings be upon him: “I judge only according to what I hear.” (1) Judgment cannot be made without knowing the matter to be judged; otherwise, no judgment can be rendered concerning something vague.
His statement, “Except for matters we deem valid despite uncertainty, such as a bequest”: a claim concerning such a matter is valid, and the judge may rule accordingly; then whatever follows from that is given. Thus, a bequest