and it thereafter becomes impermissible to make him swear again. And if the claimant does have evidence, he is entitled to produce it thereafter.

Should the defendant not1 take the oath, the judge says to him, “If you do not swear, then2 I shall rule against you for refusing.” It is recommended that the judge repeat this warning three times; if the defendant still will not swear, the judge rules3 against him for refusal and obliges him to satisfy the claim.

Section

A judicial ruling ends public dispute, yet it does not alter the inward reality of the matter. Thus, if a man secures a judgment—on the strength of perjured testimony—affirming that he is married to a woman and then knowingly has intercourse with her, the act is tantamount to fornication.

If a Hanbali sells meat from an animal over which the invocation was omitted at slaughter, and a Shafiʿi judge rules the sale valid, the transaction stands.

Likewise, whoever adopts an opinion affirming the validity4 of a marriage, that marriage remains valid, and he is not required to separate from his spouse should his own legal reasoning later change5—just as with the judge who issued the ruling.

Section

Claims concerning people’s rights may be brought against a deceased person, against one who lacks legal capacity, or against an absentee beyond the travel distance that permits shortening the prayer—and likewise against an absentee within that distance if he is in hiding—provided admissible evidence is produced in every case6.