“Do you have any evidence?” and then remain silent.
If the plaintiff replies, “I do, and I wish to have him sworn,” he may do so.
Should he say, “I have no evidence,” but later produce it, the evidence is accepted according to the sound opinion.
When several litigants crowd in, the one who arrived first is to be heard first; if that is unknown, or they came together, the judge draws lots.
Travellers who are eager to depart, as well as women, may be given precedence even if they arrived later, provided they are not too many.
No one who merely forces his way forward or raps insistently is advanced unless he is actually bringing a claim.
It is unlawful for the judge to maintain a fixed set of preferred witnesses whose testimony alone is accepted.
If witnesses appear and the judge already knows them to be upright—or, conversely, openly immoral—he acts on that knowledge.
Otherwise he must seek verification (istizkāʾ): he writes down identifying details of the witness, of the person in whose favour and against whom he testifies, and—according to the sound view—the amount of the debt as well, then sends the document to a verifier.
The verifier must thereafter report his findings to the judge in person, though another view deems a written report sufficient.
The verifier must fulfil the same conditions as a witness, possess knowledge of jarḥ and taʿdīl (discrediting and accrediting), and have inside familiarity with the person he is assessing through companionship, neighbourhood, or business dealings.
The sounder view requires the verifier to phrase his appraisal explicitly, and it suffices for him to say, “He is upright.”
Another opinion obliges him to add more than that.
The reason for any discrediting must be stated, based on direct observation or widespread report, and discredit takes precedence over accreditation.
If, however, the accreditor says, “I know the reason for the discredit; he has repented and reformed,” the accreditation prevails.
The sounder view also holds that the defendant’s mere statement, “He is upright,” is insufficient for accreditation; to rely on it is an error.