CASE SECTION · 11 – MAKING PRECEDENT WHILE SENTENCING
It is narrated from some people of Hums, among the companions of Mu'adh, that the Messenger of Allah (peace and blessings be upon him) said, when he intended to send Mu'adh to Yemen: “When a case is presented to you, how will you judge?” Mu'adh replied, "I will judge by the Book of Allah." The Messenger of Allah (peace and blessings be upon him) asked, "And if you do not find it in the Book of Allah, what will you do?" Mu'adh said, “I will judge according to the sunnah of the Messenger of Allah (peace and blessings be upon him)." The Messenger of Allah (peace and blessings be upon him) asked, "And if you do not find it in the sunnah of the Messenger of Allah (peace and blessings be upon him), what will you do?" Mu'adh said, “I will exercise my opinion and make ijtihad. I will not turn away from judging.” Thereupon the Messenger of Allah (peace and blessings be upon him) struck Mu'adh on the chest and said, "Praise be to Allah who has made the envoy of the Messenger of Allah agreeable to that which the Messenger of Allah is pleased with."
It is related on the authority of some people from the companions of Mu'adh bin Jabal (may Allah be pleased with him) that when the Messenger of Allah (peace and blessings of Allah be upon him) sent him to Yemen, he said, and mentioned the meaning of the preceding hadith.