Page:Selections from Muhammadan Traditions - tr. William Goldsack (1923).djvu/214

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SELECTIONS FROM MUḤAMMADAN TRADITIONS

On the Duty of Rulers in the Matter of Clemency

It is related from ʿOmar binuʾl-Khaṭṭáb that 'When he used to send out his officers, he laid these conditions upon them. "Do not ride on Turki horses, and do not eat flour, nor clothe yourselves in fine clothes. And do not close your doors at the time of the peoples' needs. And if ye do anything of that, then punishment will be due to you." After that he would bid farewell to them.'—Al Baihaqi.

On Acting in Judicial Affairs

It is related from Abú Bakr that he said, 'I heard the Apostle of God say, "A judge must never judge between two litigants when he is angry."'—Muslim, Al Bukhárí.

It is related from Muʿádh bin Jabal that, 'When the Apostle of God sent him to Yeman he said, "How wilt thou execute judgement when a case for trial comes before thee?" He replied, "I will judge by the Book of God." He said, "And if thou do not find (a judgement) in the Book of God?" He replied, "Then (I will judge) according to the customary practice of the Apostle of God." He said, "And if thou do not find (a similar case) in the customary practice of the Apostle of God?" He replied, "I will do my best according to my own judgement and will not slacken effort."' (Muʿádh) said, 'Then the Apostle of God smote upon his breast, and said, "Praise be to God who has caused the messenger of the Apostle of God to agree with what the Apostle of God likes."'—At Tirmidhí, Abú Dáud.

It is related from Saʿíd binuʾl-Musayyib that, 'Verily a Muslim and a Jew disputed together before ʿOmar. And he saw that the right was with the Jew and gave judgement in his favour. Then the Jew said to him "By God! thou hast certainly given judgement according to justice." Then ʿOmar tapped him on the breast and said, "Who told thee that?" The Jew replied, "By God! I have found in the Taurát that there is no judge who judges justly, but one angel stays on his right-hand and one on his left, who direct him and bring him into conformity with justice so long as he judges justly. But when he forsakes justice, then they rise up and leave him."'—Málik.