as when two witnesses testify before a judge but are mistaken in their testimony. He is commanded, as a general rule, to judge according to their testimony; he has not been commanded to rule otherwise in this particular case. Hence the Prophet, peace and blessings be upon him, said:

“You bring your disputes before me, and some of you may present your arguments more eloquently than others. I judge only according to what I hear. If I award anyone something that rightfully belongs to his brother, let him not take it, for I am only allotting him a piece of the Fire.”

Thus, when one litigant’s evidence becomes apparent to him while the other has not presented his evidence, he has acted according to what was apparent to him. Allah does not burden any soul beyond its capacity. He is obedient to Allah in fulfilling his own duty within the limits of his ability and knowledge, not because Allah has commanded that particular ruling in itself. Allah does not command falsehood, injustice, or error, but He does not burden any soul beyond its capacity. This encompasses prophetic judgments and judgments based on reports.

The independent jurist who errs receives a reward because he intended to reach the truth and sought it to the best of his ability, judging only on the basis of evidence. This is like a judge ruling on the basis of a litigant’s admission of a liability, although that liability may subsequently have been discharged through release or payment, without evidence of this being established. Likewise, he may rule that someone is free of liability upon taking an oath, although that person may have incurred a liability through borrowing, purchasing, or some other transaction, without evidence of this being established. Judgment may also be given in favour of the person in possession upon his taking an oath, although ownership may have passed from him to someone else, or he may be holding the property as a usurper, without evidence of this being established.