Book of Judges

253 – They unanimously agree on certain matters that a judge may decide on the basis of outward evidence, yet they remain forbidden for the litigant who wins the case. Among these: that the judge rules in his favour concerning property while the judge is convinced the property is owned by someone else; and that the judge awards him retaliatory punishment (qiṣāṣ) against a person whom the judge knows to be innocent of the charge, the ruling resting only on testimony that satisfies the external legal standard.

254 – They unanimously agree that if one judge writes to another about a case he has already adjudicated as required—on the strength of upright testimony—then reads the letter before two witnesses and has them attest to its contents, and the letter then reaches the addressee judge and the two witnesses testify before him to what the letter contains, the addressee judge must accept the letter, provided the matter is not a ḥadd (fixed) punishment.

255 – They unanimously agree that a ruling issued by someone who is not formally a judge is valid whenever the subject-matter is something that may lawfully be decided in that way (1).

Book of Claims and Evidence

256 – They unanimously agree that the burden of proof lies on the claimant, while the oath is required of the defendant.

257 – They unanimously agree that the defendant must be put on oath in financial disputes, in the manner already described.

258 – They unanimously agree that if a female slave is in the possession of one man, and another man claims her and produces evidence that she belonged to his father who has died leaving no heirs but himself, while the possessor produces evidence that he purchased her from that claimant for one hundred dinars and has paid the price in full, judgment is to be rendered in favor of the purchaser.

259 – They unanimously agree on the same ruling in cases of charity, gifts, donations, grants, and ʿumrā (life-tenancy gifts), provided the items are already in the beneficiary’s possession.

260 – They unanimously agree that if a woman says, “Divorce me,” and her waiting period had not yet expired when her husband died, and the heirs claim that her waiting period was over, the woman’s word is to be accepted.

261 – They unanimously agree that if a man owns a slave-girl and it is known that he has intercourse with her, and he acknowledges that fact.