What is the effect on the judgment if the absent defendant appears before or after the ruling is issued?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 7 · Bab 1

Open in Qurani

Primary text

If the absent defendant appears before the ruling is issued, the judgment is suspended pending his presence. If he challenges the integrity of the witnesses, the judge must grant him a three-day respite. If he successfully challenges them, no ruling is made; otherwise, the ruling is passed. If he claims he had already paid the debt or the plaintiff had absolved him and presents evidence, the defendant is cleared, otherwise the plaintiff swears the oath, and the ruling proceeds. If he appears after the ruling, and challenges the witnesses based on a matter existing prior to their testimony, the judgment is nullified. If the challenge concerns an event occurring after the testimony was given, or is general, the ruling is not nullified, and the judge does not accept the challenge, as it could have been fabricated after the ruling. If he requests a delay, he is granted three days; otherwise, the ruling is enforced. If he claims satisfaction or exoneration after the ruling and has evidence, he is cleared; otherwise, the plaintiff swears, and the judgment is enforced.