the mosque, reasoning that a lawsuit may pit a Muslim against a polytheist, which would oblige the polytheist to enter the mosque. He went on to say: “The entry of a polytheist into a mosque is disliked.” Nevertheless, judging between such litigants has always been the practice of the early generations, both in the Prophet’s Mosque and elsewhere, and he proceeded to cite many supporting reports.

Ibn Baṭṭāl remarked, “The ḥadith of Sahl ibn Saʿd is decisive proof for permissibility, even though safeguarding the mosque would be preferable.” Mālik said, “Those before us used to sit in the outer porticoes of the mosque—either in the area where funeral biers were placed or in the courtyard of Marwān’s residence. I recommend the same in the provincial cities, so that the Jew, the Christian, the menstruating woman, and the weak can reach the judge; it is also more conducive to humility.”

I add: al-Karābīsī’s assertion that “the entry of a polytheist into the mosque is disliked” is unsupported when stated without qualification. The Sunnah clearly allows them to enter any mosque except the Sacred Mosque, as explained earlier in paragraph seven. The very reports he himself marshalled in objection to his own view confirm this—so take note.

Al-ʿUmda summarizes the issue as follows: “Al-Bukhārī quoted this ḥadith in abridged form merely to establish the permissibility of judging in the mosque, a view held by the majority of scholars. Al-Shāfiʿī, however, considered it disliked if the judge intentionally designates the mosque for that purpose; if a case simply arises while he is there, it is unobjectionable. All of our authorities maintain that it is recommended for the judge to sit for hearings in the congregational mosque. Should there be a mosque adjacent to his house, he may use it, and if he pronounces judgment in his own home it is nonetheless valid. Still, the congregational mosque is the place most convenient for the people and least likely to hide the proceedings from anyone.”