difciples, it is to be obferved, that by theterm Sadka [alms] there
mentioned, is to be underftood fuch alms as are taken by the col-
ledtor, but not that contribution which falls under the denomination I
of Afhar\ and in this Haneefa alfo agrees, that the colledtor is not, to
take tithe from thofe articles-,— secondly, articles of product are
often cultivated which are not of a permanent nature, fuch as melons I
and cucumbers', and thefe are the increafe of the earth : and the caufe
of obligation to the payment of Zakdt upon land is increafe; whence
it is that the land is fubjedt to tribute, and therefore tithe is alfo due :
but, with refpedt to the articles of wood, bamboos, and grafs, the
ground is not tilled or prepared for the cultivation of them ; nay, it
is ufual to clear them away:— yet, if a perfon were to till the ground
with a view to the culture of fuch articles, his laud would be fubjedt I
to tithe.
L and watered by means of Buckets, or machinery, or watering-
camels, are fubjedt to h a lf tithe * ,— according to Haneefa and the two
difciples :— the latter, however, coincide in this, under the reftridtion,
conditional, that the produdt be of a permanent nature, and that the I
quantity of product amount to five Wufks% whereas 'Haneefa does not
fpecify any fuch condition.— The.reafonwhy fuch lands are made
fubjedt to h a lf tithe only is, that the expehcebf tillage greatly exceeds
that of lands-watered by rains, up by the periodical overflow of great
rivers’.
and an h a l f
t i t h e upon
the product
o f lands watered
\)y a r t i f
i c i a l means.
Rulerefpea- W ith refpedt to lands watered a part of the year by rivers and
■ which par- a part by labour, in regulating their proportion of impoft, regard is to
Sfcrftion!1 be had to the greater portion of the year ; that is to fay, if the land
be fuch as is watered by rivers for the greater part of the year, the
impoft is a tith e; but, if it be watered for the greater part of the year
by .labour, it is only h a lf tithe, or a twentieth.
f X o ;witj a t w e n t i e t h o f t h e w h o l e p r o d u c t .
A BOO
Chap. VI.
A boo Y oosaf has-.faid that, upon every article the amount of
which is not eftimated by ' Wufks, (fuch zsfaffron and cotton,) tithe is
due, provided its value be equal to that of five Wufks of an article of
the loweft value fo eftimable, (fuch as millet in the prefent times;) -
becaufe articles, the quantity of which the law does not hold to be
eftimable by Wufks, can have their Nifdb afcertained only by eftima-
tion of the value; as ;is the cafe with articles of merchandize.— Mo-
\ hammed, on the other hand, alledges that tithe is due upon thofe
: articles,' provided their quantity amount to the number fiv e of the
hi°heft ftandard of afcertainment of quantity with refpedt to each ;
for inftance, cotton is weighed by Mans and H'amls, each Haml con-
I taining three Mans; a Nifdb of cotton therefore confifts of five Hamls;
faffron, on the other hand, is weighed by Dirms, Afiars, Rutls, .and
[ Mans-, and the-latter being the.greateft of thefe, a Nifdb of faffron,
I confequently, confifts of five Mans weight.— The reafon upon which
| Mohammed proceeds herein is, that.the Wufk is conftituted the ftandard
I of eftimation of Nifdb in grain, &c. only on account of its being the
largeft ftandard-by which their quantities can be alcertained, and the
fame principle operates with refpedt to all other articles.
T ithe is due upon honey where it is colledtedin tithe-lands. A lithe rue
Shafei maintains that nothing is due upon honey, becaufe that is an ? ‘ ■'
animal produdtion, the fame as filk, which being tithe-free, honey is
folikewife.'— The arguments of our dodtors are twofold : first, the
prophet ordained that honey fhould be fubjedt to tithe; secondly,
bees colledt their honey from bloffoms and fruits, which articles
being fubjedt to tithe, it follows that honey, which is extradted from
thofe, muft be fo lik ew ife . contrary to the cafe of filk-worms,
becaufe thole feed upon leaves of trees, which are not fubjedt to tithe..
Haneefa holds tithe to be due upon honey, whether the quantity
be great or fmall; he. not regarding Nifdb as effential in this article.—
Aboo Toofaf\\z& reported it as an opinion of Haneefa, that the Nifdb of.
honey is to be afcertained by eftimate, according to his general tenet.
upon.
P g l
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I Hi
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