Chapter: A Judge’s Letter to Another Judge

His statement, “A judge’s letter to another judge,” means a letter from one judge to another concerning judicial matters. In the terminology of later scholars, this is called delegation: that is, the judge writing the letter appoints the judge to whom it is addressed as his deputy, just as the imam in prayer appoints someone to complete the prayer in his place. It takes two forms:

The first is that he writes to another judge regarding what has been established before him, so that the judge to whom the letter is addressed may rule accordingly.

The second is that he writes to another judge regarding a judgment he has issued, so that the recipient judge may enforce it.

Usually, there is no need for this, unless, for example, the property being claimed is real estate located in the town of the judge to whom the letter is addressed. In that case, the judge may need to do so. Or one of the litigating parties may be in the town of the recipient judge; the claimant’s case is then established before the first judge, who rules that it has been established and writes to the other judge so that he may rule accordingly.

If someone were to ask: What benefit is there in occupying the writing judge with drafting the letter? Why not refer the parties to the recipient judge from the outset, before the ruling is established?

We reply: The benefit is that the judge to whom the letter is addressed may be busier.