the compofers- of the Perfian verfion, have, in any confiderable degree, de»
viated from their original, the Englijh tranflator has remarked upon it,
and 1 ias, in feveral fuch inilances, fubjoined a verbatim tranflation from the
Arabic, in order to point the difference with the greater precifion. One
deviation, indeed, in point of form rather than of fubjiance, he has not
thought it neceffary to notice, as it runs regularly through all the work,
and he therefore conceived that a Angle prefatory explanation o f it would
fuffice for the whole.— In the Objections and R eplies, which fo frequently
occur, the Molovees have ©bferved an arrangement fomewhat
varying from the original, and which they probably adopted for the fake
o f greater perfpicuity. T h e Arabic text does not ftate the paflages, thus
rendered, with the fame degree of difiimfiive precifion but preferving, in
thole inilances, that brevity which is- its . peculiar Qhara&eriltic, introduces
the matter of them in a way certainly calculated to give lefs interruption
to the general context;— the realbner upon any difputed point
faying, (Rill purfuing his argument,) “ It may indeed be objected,” &c.
— “ But to this we reply,” &c.— an additional obfervation, brought forward
folely with a view to the more complete illufiration of the fubject,
and which the Molbvees employed upon the P e r f an verfion have reduced
to the form of an abfiradt Q uestion and A nswer-.— Another unnoticed
deviation is,, that where the author fpeaks in his own perfon, her is, in the
Perjian verfion, generally mentioned by the Ryle o f “ the compiler of the
“ H P T )A Y A , "— as thus, “ The compiler of the Hedayaremavhs" &c.
T h e only remaining difference between the Arabic text and the Perjian
verfion of it, worthy of notice, is, that in the latter we have a particular
definition o f terms, a point in which the original is totally defective, but
which is doubtlefs indilpenlably requifite to perlons not converlant in the
Arabic tongue ;— and they may, perhaps, be moreover confidered as affording
a valuable addition to Oriental lexicographic knowledge, as they
give not only the meaning: of the term, but alfo its etymology , and particular
application in the language of the L aw .
T o the mode o f execution the tranflator is perfectly aware that one
objection is likely to occur, which at firfi may appear of fome weight.
It
It miy doubtlefs be urged tfiat, iriltead of having recourfe to an intermediate
verfion,- the tranflation fhould have been made at once from the
Arabic, bf which means’ the work would have prefented a more clofe
and accurate picture of the original.— Had the trahflator been at liberty
to purfue this plan, much labour would indeed have been faved him !
Soniè reafons are, however, to be alfigned, which, when duly confidered,
will perhaps be found to give an indifputable preference to the
mode that ha’s been adopted. 1. As the Perfian verfion was defigned for
the ufè and inflrtrftion hot m'erely o f the Englijh fcholar, but alfo of the
native magiflrate, and waS! therefore likely to be introduced into practice,,
if Was ihdifpénfably requifite that- the Englijh tranflatipn fhould be taken
from it rather than from- the A rabic, in order to pfefervè an exact and
literal uniformity between the two fiandards of judicial determination.
II. T h e Arabic is remarkably clofe in its idiom, and, in tréating of evèty
abfirafted fubjeft, brief in its confiruaion to a degree which, in. any other
language,- would be confidered as involving thé matter treated of in the
darkeft and moil perplexing obfeuri’ty. Thi^ is evident in thé continual
ellipfik of te/m l,-zM a confequént repetition o f relatives', (many fre-.
quently occurring in the fame period,) which are referable to their proper
antecedents only by certain rules of context peculiarly appropriated to
that latigüagé. Henéea1 literal tranflation frOnd i'ist Arabié Would have
left the fenfe, in many places,: as completely unintelligible to the Englijh
reader as thé'Original'itfelf.— In'following the Perfian verfion, therefore,
( if wéeXcëpt’ thé ihtérpölafiöns-alrëady mentioned'and accounted for,) the
tranflator has done little more. than what he muff, have done, at any
rate, to render himfelf underflood, — namely, given the fenfe in a
fu ller and more explicit manner than thé original author,— -but' without in
any degree departing from o f altering the tenor of the text. III. T h e
perfons employed in thé compofition of thé Perfati verfion were them-
felves poflefled of deep legal knowledge, qualified, both by their academical
rank and judicial Rations, .topafs decrees, and perhaps as well verfed
in thé Mujfulman infiitutes as their author. Hence their interpolations
proeéed from an authority perfeflly competent, and being (as in many
infiancés théy certainly are) of effential utility, mufi be confidered as a
valuable: