What is feared for one who judges unjustly

22 - (97) Much of this book has already passed in "Kitab al-Khilafah wa al-Imarah" (the Book of the Caliphate and Leadership).
It is narrated from Sayyiduna Mu'adh bin Jabal (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "Indeed, the (unjust) judge will fall into his (deep) station in Hell, which is farther than Aden."
2172 \ 1 - Imam Ishaq narrated it through Baqiyyah bin al-Walid, from Safwan bin Amr, from Shurayh bin Ubayd and Murih bin Masruq.
2172 \ 2 - Abd narrated it in his chain through Yazid bin Harun from Baqiyyah, but in it he mentioned Shurayh bin Ubayd and Abd al-Rahman bin Jubayr and did not name Murih bin Masruq.
2172 \ 3 - Likewise, Imam Abu Ya'la narrated it through Suwayd bin Sa'id with the chain of Baqiyyah.

It is narrated from Yazid bin Abdullah bin Mawhab that Sayyiduna Uthman bin Affan (may Allah be pleased with him) said to Sayyiduna Ibn Umar (may Allah be pleased with them both): "Judge between the people." He said: "I will neither judge between two men nor lead them in prayer." Sayyiduna Uthman (may Allah be pleased with him) said: "But your father (Sayyiduna Umar (may Allah be pleased with him)) used to judge." He replied: "My father used to judge, and if anything was difficult for him, he would ask the Prophet (peace and blessings be upon him), and if a matter was unclear to the Prophet (peace and blessings be upon him), he (peace and blessings be upon him) would ask Jibril (peace be upon him); whereas I have no one available whom I can ask, and I am not like my father. Moreover, it has reached me that judges are of three kinds: one is a man who feared (Allah) but then inclined towards his own desire, so he is in the Fire; the second is a man who forced himself into the office of judge and judged with ignorance, so he too is in the Fire; and the third is a man who exerted his effort (ijtihad) and reached what is correct, so he will escape just breaking even (kafafan), with nothing in his favour and no burden against him. (Then he asked:) Have you heard the Messenger of Allah (peace and blessings be upon him) saying: 'Man adha billahi fa-qad adha bi-ma'adh (Whoever seeks refuge with Allah has sought refuge with a mighty refuge)'?" He said: "Yes." Ibn Umar (may Allah be pleased with them both) said: "Then I seek refuge with Allah from your making me a judge." So he excused Ibn Umar (may Allah be pleased with them both) and said: "Do not tell anyone about this."
Abu Ya'la also recorded a narration from Abdullah bin Mawhab that Sayyiduna Uthman (may Allah be pleased with him) said to Ibn Umar (may Allah be pleased with them both): "Go and be a judge." He said: "Will the Commander of the Believers not excuse me from it?" He said: "Go and judge between the people." He said again: "O Commander of the Believers, will you not excuse me?" He said: "I have made it binding upon you that you go and judge." He said: "Do not be hasty. I heard the Messenger of Allah (peace and blessings be upon him) say: 'Man adha billahi fa-qad adha bi-ma'adh (Whoever seeks refuge with Allah has sought refuge with a mighty refuge).'" He said: "Yes." Ibn Umar (may Allah be pleased with them both) said: "I seek refuge with Allah from becoming a judge." Uthman (may Allah be pleased with him) said: "What prevents you, when your father too was a judge?" He replied: "Because I heard the Messenger of Allah (peace and blessings be upon him) say: 'The judge who judges with injustice is among the people of the Fire, and the judge who judges with ignorance is also among the people of the Fire, and even the judge who is learned and judges with truth and justice asks Allah that he may escape just breaking even (kafafan).'"
I (Ibn Hajar) say: Imam al-Tirmidhi narrated part of it and said that there is a break (inqita') in it.

It is narrated from Sayyiduna Imran bin Husayn (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "Indeed, Allah Almighty is with the judge (al-qadi) as long as he does not deliberately intend injustice (hayf), and Allah, Glorified and Exalted, grants him success (tawfiq) towards the truth as long as he does not intend anything (false) other than the truth."
Imam Ahmad bin Mani' narrated this hadith through al-Nadr bin Isma'il, and in its chain there is a narrator named Nufay' Abu Dawud.

It is narrated from Qasim bin Mukhaymirah (may Allah have mercy on him) that the Messenger of Allah (peace and blessings be upon him) said: "Whoever is made ruler and guardian over the people, and then keeps himself veiled from them at the time of their poverty and need (i.e. does not relieve them and blocks their access to him), Allah Almighty will also turn His gaze of mercy away from him on the Day of Resurrection."
I (Ibn Hajar) say: Abu Dawud narrated it through Abu Bakr bin Abi Maryam, from Qasim bin Mukhaymirah, from Abu Maryam al-Azdi (may Allah be pleased with him), that he said to Sayyiduna Mu'awiyah (may Allah be pleased with him): "I heard the Messenger of Allah (peace and blessings be upon him) say," and then he mentioned this same hadith.
Imam al-Tirmidhi (may Allah have mercy on him) said: "The name of this Abu Maryam al-Azdi is Amr bin Murrah."

It is narrated from Sayyidah Umm Salamah (may Allah be pleased with her) that the Messenger of Allah (peace and blessings be upon him) said: "When one of you is tested by being appointed to the office of judgeship (qada') between the Muslims, he must never judge while he is angry; and he should keep complete equality between them (the two parties) in his seating, his gaze and his gestures; and he must never raise his voice at one litigant (party to the case) more than at the other."
Imam Abu Ya'la narrated this hadith in his Musnad.

Imam Musaddad (may Allah have mercy on him) states that Hushaym narrated to us from Abu Ishaq, from Abu Hariz, from the renowned judge Shurayh (may Allah have mercy on him), that "whenever he was angry or hungry, he would get up (from the court) and would not then judge between anyone."
This report teaches the scholarly point that a judge or mufti should not give a judgement or fatwa in a state in which his mental composure may be affected.

It is narrated from Sayyiduna Abu Sa'id (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "A judge must never pass judgement except when he is full (his stomach satisfied) and quenched (his thirst satisfied)."
Imam al-Harith narrated this hadith in his Musnad al-Harith from Khalid bin Khidash, from al-Qasim bin Abdullah al-Umari, from Abdullah bin Abd al-Rahman bin Ma'mar, from his father, from Sayyiduna Abu Sa'id (may Allah be pleased with him).

It is narrated from Sayyiduna Abu Hurayrah (may Allah be pleased with him) that he said: "Indeed, judging is not a calculation (an arithmetic count) that you can work out; rather, it is a touch (an impression or inspiration on the heart) that passes over the heart (of a person)."
Imam Musaddad bin Musarhad (may Allah have mercy on him) narrated it.

Ubaydullah bin Abi Yazid (may Allah have mercy on him) states: "Whenever Sayyiduna Ibn Abbas (may Allah be pleased with them both) was asked about a matter, if its answer was in the Book of Allah Almighty, he would give his verdict according to it. If the ruling was not found in the Book of Allah, the Mighty and Majestic, but a hadith had been narrated about it from the Messenger of Allah (peace and blessings be upon him), he would inform of that. If the matter was found neither in the Book of Allah nor in any judgement (qada') of the Messenger of Allah (peace and blessings be upon him), but something had been transmitted about it from Sayyiduna Abu Bakr and Sayyiduna Umar (may Allah be pleased with them both), he would adopt it. Then, if no guidance on it was found from those two elders either, he would exercise ijtihad (careful reasoning) with his own insight."
Ibn Abi Umar narrated this report through Sufyan.