Is a judge's written ruling valid if the judge dies or is removed after issuing it but before the letter is sent?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 1 · Bab 1

Open in Qurani

Primary text

The written ruling remains valid and must be accepted and acted upon by the recipient, regardless of whether the judge's status changed before or after the letter left his possession. This is the position held by Al-Shafi'i. The basis for validity relies on the two witnesses who attested to the judge, who are alive, and whose testimony is established. Furthermore, if the ruling pertains to a prior judgment, the judgment itself is not invalidated by the judge's death or removal. If the ruling is based on testimony recorded by the judge, that testimony is the original basis, and the witnesses to the judge are secondary; the death of the original witness does not invalidate the secondary testimony.

Supporting text

Abu Hanifa holds that the ruling is not acted upon in either case. Abu Yusuf states that if the judge dies before the letter leaves his hand, it is not acted upon, but if he dies after it leaves his hand, it is acted upon, treating the judge's letter as testimony upon testimony, analogous to secondary witnesses dying before giving their testimony.