Chapter: The Procedure and Manner of Adjudication

When two litigants appear before the judge, he may remain silent until they begin speaking, or he may ask, “Which of you is the claimant?”

If one of them puts forward a claim, two conditions are required: the claim must be clearly defined, and it must be free of any self-contradiction. If the claim concerns a debt, that debt must already be due. If it concerns a specific property, the item must be present in the court session so that it can be identified1 by pointing to it; but if it is outside the town, the claimant must describe it in the same detailed manner demanded in a salam contract.

Once the claimant has completed his statement, if the defendant acknowledges the claim or admits the cause of liability and then alleges that he has been released, his allegation is disregarded. Instead, the claimant is required to swear an oath denying the defendant’s plea of release, and the defendant is held liable unless he produces evidence establishing his discharge.

If, however, the defendant begins by denying the claim—such as saying to one who asserts a loan or a purchase price, “He did not lend me,” “He did not sell me,” “He is not entitled to anything he claims,” or “He has no right against me”—that answer is valid. The judge then asks the claimant, “Do you have any evidence?” If he replies, “Yes,” the judge tells him, “Then, if you wish, present it.” When the evidence is produced and the witnesses testify, the judge listens to their testimony, and it is impermissible to have it repeated.