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Musannaf Ibn Abi Shaybah 23455

✧ Regarding a judge who issues a judgment, then another judge is appointed: does he have the right to revoke it?

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حَدَّثَنَا هُشَيْمٌ، عَنْ إِسْمَاعِيلَ بْنِ سَالِمٍ قَالَ:

سَمِعْتُ الشَّعْبِيَّ وَسُئِلَ عَنْ قَاضٍ قَضَى بِجَوْرٍ ؟ فَقَالَ الشَّعْبِيُّ: أَمَّا الْجَوْرُ فَلَا أَقُولُ فِيهِ - يَقُولُ: إِنَّهُ لَا يَنْبَغِي لَهُ أَنْ يَجُورَ - وَلَكِنْ: أَيُّمَا قَاضٍ قَضَى فَجَاءَ قَاضٍ مِنْ بَعْدِهِ فَلَا يَنْبَغِي لَهُ أَنْ يَنْظُرَ فِي قَضَائِهِ، وَيُوَلِّيهِ مِنْ ذَلِكَ مَا كَانَ تَوَلَّى

Translation

Machine translation, not reviewed

I heard al-Sha'bi, and he was asked about a judge who ruled with injustice? Al-Sha'bi said: As for injustice, I do not say anything about it - he says: it is not befitting for him to be unjust - but: whichever judge ruled, then another judge came after him, it is not befitting for him to review his ruling, and he should entrust him with what he had been entrusted with.

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