His Judgements in Yemen Among those reports which have been...

His Judgements in Yemen Among those reports which have been handed down about his legal decisions, peace be on him, while the Prophet, may God bless him and his family, was still alive and present, is the following: When the Apostle of God, may God bless him and his family, wanted to invest him with the office of judge in Yemen and to send him to them so that he might teach them the laws, explain to them what was permitted and forbidden, and judge for them according to the laws of the Qur'an, the Commander of the faithful, peace be on him, asked him: "Apostle of God, you are inviting me to (undertake) the office of judge while I am still a young man without knowledge of all (the matters of) judgement." "Come nearer to me," he told him.

He went nearer and he struck him in the chest with his hand and said: "O God, guide his heart and strengthen his tongue." The Commander of the faithful reported: "I never doubted in my ability to judge between two men after that occurrence." When the administrative house (dar) in Yemen was occupied by him and he began to take care of the office of judging and giving decisions among the Muslims, which the Apostle of God, may God bless him and his family, had entrusted to him, two men were brought before him.

Between them was a maidservant over whom both of them had equal rights of possession as a slave. They had both been ignorant of the prohibition of having intercourse with her and had both had intercourse with her in the same month of her menstrual cycle. (They had done this) in the belief that this was permissible, because of their recent acceptance of Islam and their lack of knowledge of the laws which were in the law of Islam (shari'a).

The maidservant had become pregnant and given birth to a boy. They were in dispute as to (who was the father). He drew lots with their names on for the boy. The lot fell upon one of them. He assigned the boy to him but required him to pay half his value as if he had been a slave of his partner.

He said: "If I knew that you had both embarked on what you have done after the proof had been given you of it being prohibited, I would have exerted (every effort) to punish you both." The Apostle of God, may God bless him and his family, learned of this case. He accepted it and he acknowledged the judgement on them within Islam.