He also said, in a report narrated by Mihna, concerning a ship seized at sea that had Byzantines aboard: They said, “We have come under safe-conduct.” He said: “Their circumstances should be examined: if they have weapons.” Thus, he relied on outward indications in sparing their lives, and this case is analogous to the one under discussion here.
Another position may be derived in this matter: their claim of repentance should not be accepted unless evidence testifies that they repented before they were overpowered, because these are fixed penalties that had already become obligatory, and the doubt was not associated with the offense itself; rather, it arose only afterward.
The basis for this is found in something reported from Aḥmad, may Allah Most High have mercy on him. In a report narrated by Yaʿqūb ibn Bukhtān, concerning a Muslim man who brought an enemy combatant, the Muslim said, “I captured him,” while the Byzantine said, “He granted me safe-conduct.” Aḥmad said: “If the Muslim is upright, the Byzantine’s statement is not accepted.” He said likewise in a report narrated by Muḥammad ibn Yaḥyā al-Kaḥḥāl, concerning a captive who left Byzantine territory accompanied by a Byzantine. The Byzantine said, “I brought him out,” while the captive said, “I brought him out.” He then said: “The Muslim’s statement has greater right to be accepted.” Thus, he did not accept the Byzantine’s statement, even though accepting it would have resulted in sparing his life.
Chapter: Appointment to the Judgeship
A person may be appointed to the judgeship only if he fully meets the seven conditions: being male, having reached puberty, sound reason, being free, Islam, uprightness, sound hearing and sight, and knowledge. As for being male, it is because a woman does not possess full qualification for positions of authority or for giving testimony. As for puberty and sound reason, it is because a child and an insane person do not exercise authority even over their own affairs, so they are all the less qualified to exercise it over others; and because the capacity for independent legal reasoning in legal cases, and knowledge of the exact months, are absent in both.