the reason why such writing is permitted is to make matters easier for the judge to whom it is addressed and for the two litigants. It also averts embarrassment for the judge who writes it, since, as we have noted, he may feel reluctant to rule against his cousin, his brother, his father, or the like. He may therefore write up the case and refer it to another judge to adjudicate. So how can we say that this is invalid when the two judges are in the same town, or in two nearby towns separated by no distance that permits the shortening of prayer? This is the correct view: there is no difference between the two cases, and a judge may write to another judge even if they are in the same town, without qualification.
“It is permissible for him to write to a specified judge, or to every Muslim judge to whom his letter reaches. But it is not accepted unless the writing judge has two witnesses attest to it: he reads it to them, then says, ‘Bear witness that this is my letter to so-and-so, son of so-and-so,’ and then hands it to them.”
His statement, “It is permissible for him to write to a specified judge, or to every Muslim judge to whom his letter reaches,” means that a judge’s letter to another judge may be general. Thus, he may write: “From so-and-so, son of so-and-so, judge at such-and-such court, to every Muslim judge to whom this letter of mine reaches.” Or he may write: “From so-and-so, son of so-and-so, judge at such-and-such court, to so-and-so, son of so-and-so, judge at such-and-such court.” This is specific—that is, it is addressed to a designated judge.
The designation may be by name or by description. Thus, if he says, “To the judge at such-and-such court,” this is a designation by description, and the judge there is to enforce the judgment or issue a ruling, according to the two preceding cases. Or the judge may be designated personally, such as when he says: “To so-and-so, son of so-and-so, judge at such-and-such court.” If it so happens that there are several judges at the court to which the letter is addressed, and the writing judge says, “So-and-so, son of so-and-so, judge at such-and-such court,” then the letter is restricted to him. But if he says, “To the judge at”