Must the judge wait for the claimant to request the defendant's answer after the claim is stated?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The judge may question the opponent regarding the answer before the claimant explicitly requests it, because the circumstances imply the claimant's desire for this action, as the purpose of presenting the claim is for the judge to question the defendant. If the defendant confesses, the ruling must be based upon that confession. The judge cannot issue a ruling against the defendant unless the claimant requests a ruling based on the confession, as securing the right belongs to the claimant and must be sought by the rightful party.
Supporting text
It is permissible for the judge to rule before asking the claimant, based on the implied desire indicated by the circumstances. This is done to prevent the claimant from losing their right due to ignorance of the procedure for demanding the ruling.