XllV p r e l i m i n a r y
books recommended to forward this end, a fyftem copious without pre-
cifion, mdecilive as a criterion, (becaufe each author differed from or
contradicted another,) and too voluminous for the attainment of ordinary
ftudy.— From thefe a compendium might indeed have been abftrafted ; but,
being a mere compilation, it would have been confidered rather as a new
code than as a revifion o f the old, and would not, in the idea of thofe upon
whom it was intended to operate, have borne the authority of an original
work. Numbers of Fatibwees were indeed at hand, and the tranflation of
one compofed in the Ferfian language, by the authority and under the
mfpedhon o f the Mogul Emperor A urungzebe, (from him denominated
Fatthwee Allumgheeree,) was actually undertaken. It was, however,
foon difcovered that this, confifling of a fimple detail of cafes and
decifions, would do little or nothing towards developing the principles
o f the Mujfulman laws, and of courfe could afford but a very limited
portion of inflruftion with refpecl to them. Some learned Mohammedans,
who were tonfulted on this occafion, thought it, moreover, unfair that
their Britijh rulers fhould receive their firfl impreffion of the Mufliilman
legiflation from a bare recital of examples, fuch as compofed the Fattdwee
Allumgheeree. T h e y therefore advifed that, previous to any further ftep,
a tranflation fhould be executed of fome work which, by comprehending
» rn the fame page, the diAum and the principles, might ferve at
once as an exemplar and an inflruftor; and for this purpofe they recommended
the H E D A T A , becaufe of its being regarded (particularly
throughout FLwdoJlan) as of canonical authority, and uniting, in an eminent
degree, all the qualities required. But as the Arabic, in which this
treatife was written, is known only among the learned, and the idiom
of the Author is particularly clofe and obfcure, they at the fame time
propofed that, under the infpedtion o f fome of their mofl intelligent doctors,
a complete verfion fhould be formed, in the Perftan language,
which would anfwer the double purpofe of clearing up the ambiguities
of the text, and (by being introduced into practice) of furnifhing
the native judges of the courts with a more familiar guide, and a more
inftrudtive preceptor, than books written in a language of which few o f
them
them have opportunities o f attaining a competent knowledge.— In conformity
with this advice, four of the principal and moft learned Molovees
{Mohammedan lawyers) were engaged to tranflate the whole from the
Arabic into the Perjian idiom.— T h e tranflation of this verfion into Eng-
lijhwas at firfl: committed to Mr. J ames A nderson, a gentleman whofe
eminent literary qualifications for accomplifhing fuch an undertaking could
only be excelled by the folidity of his underftanding, and the goodnefs
of his heart. Before he had made any confiderable progrefs, the pre-
fent Tranflator had the honour of being aflociated with him in the
work ; and -Mr. A nderson being fhortly after engaged in an important
foreign employment, the duties of which necefiarily occupied the whole
of his attention, the completion of it devolved entirely on his colleague,
who, in confequence, took upon him the foie management and refpon-
fibility.
W hen the Englijh tranflator came to examine his text, and compare
it with the original Arabic, he found that, except a number of elucidatory
interpolations, and much unavoidable amplification o f : ftyle, it in
general exhibited a faithful copy, deviating from the fenfe in but a very
few inftances, in fome of which the difference may perhaps be juftly attributed
to the inaccuracy of tranfcribers * ; and in one particular it is
avowed and juftified by the Molovees, becaufe of an alledged error of the
author +.— Many of the interpolations are indeed fuperfluous, and they
fbmetimes exceed, both in’.length and frequency, what could be wifhed.
T h e y , however, poflefs the advantage of completely explaining the text,
from which every reader may for the moft part with ea'fe difcriminate them,
fince they almoft uniformly confift of illuftrative expolitioris of paflages, beginning
with, “ that is,”— “ in other words,”— and fo forth; and where
* See, forinftance, vól. If. p. 28 1; where it is likely that the deviation pointed out in
the note may be owing merely to fome inaccuracy in the Perftan copy, as the error is evident.
t See vol. IV . p. 499; where the Molovees correct an error with refpeót to a legatee’s
proportion in the undefined part of a houfe.
f 2 the
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