upon the fubjecl, of Zakdt: and he further fays, that nothing is due
upon honey, unlefs the quantity amount to ten K irkr, (a Kirk bein'o
fifty Mans,) beeaufe this was the rule by which the tribe of Sydra
paid tithe on their honey to the prophet. Again, it is related as an
opinion of Aboo Toofaf, that a Nijab of honey confifts o f five Mans.
According to Mohammed the Nifdb in honey is five Sirks, (a Sirk containing
thirty-fix R u tls,) beeaufe the Sirk is the largeft ftandard of
quantity in honey, as the Wujk is in grain. And the fame of fu°--ar-
cane ; that is to fay, according to Mohammed, tithe is due upon
fugar-cane where the quantity of fugar produced from it amounts to
five Sirks.
«'i?d°honey ' H o n e y and-fruits, collected in the wildernefs, are fubjefts o î tithe.
and fnuts: This is the doftrine o f the Zâhir-Ràwâyet. — It is related as an
opinion of Aboo Yoofaf, that nothing whatever is due upon fuch articles,
beeaufe the occafion of obligation to Zakât is the land being of a pro-
duaive nature, which is not the cafe in this inftanhe.— 'The principle
upon which the Zâhir-Rawâyet proceeds herein is,, that all that is
requn ed to conftitute land being produaive, is the circumflance of its
affording produce of any fort ; and produce does appear in the articles
abovementioned.
T ithe is due upon all the produce of tithe-lands' indifcriminately;
nor is any deduaion to. be made on account of the expenfè of men or
cattle employed in tilling thofe lands, beeaufe the prophet has ordained
that dues fhould be different in proportion to the difference of
expence, and alfo that-lands watered by rain fhall be ftibje£t to tithe,
and thofe watered by labour to half-tithe-, wherefore the deduaion of
expence is needlefs.
m&doilU Upon -tithe lands, pofl'efièd by perlons of the T ogleb tribe, a
thofe “lands "twofold AJhar, or fifth , muff be levied'; and in this all the doaors
^ aSree,~ It is recorded, however, as an opinion of Mohammed, that
upon
and upon all
the produél
o f tithe lands,
tindiferimi-
iiately :
upon tithe lands which may have been purchafed by a Toglibee óf a
Mufiulman, a Jingle tithe Only fhould be levied ; he holding that the
impofition upon lands does not fuffer any alteration in confequence of
a tranfition of the property.
I f a Zimmee, or infidel fubjed, purchafe land of a Toglibee, from
which double tithe had ufed to be colleaed, the Zimmee muft alfo pay property in
double tithe upon it. In this all our doftors coincide, beeaufe it is law-
ful to require twice as much of a Zimmee as of a Mujfulman,— whence
it is that, i f fuch an one were to come .before the collefcor with
merchandize, twice as much would be exacted of him as o f a Mujfulman.
And the fame rule obtains (that is to fay, the fame proportion
of tithe continues to be impofed upon thofe lands) where a.Mufifulman
purchafes - them of a Toglibee; or where a Toglibee, being the proprietor,
becomes a Mufifulman. Haneefa holds this opinion in all cafes,
whether the lands had originally belonged to a Toglibee, or the Toglibee
had purchafed them of a Mufifulman,— for in either cafe the
rule of double impoft continues, with refpect to them, where they
are purchafed by a Mujfulman,— beeaufe he holds double impoft upon
thofe lands to have been already irreverfibly eftablilhed arid, confe-
quently, that this incumbrance on the lands devolves to the Mufifulman
purchafer along with the property, in the fame manner as obtains in
the cafe of a fale of tribute-heads. . Aboo Tooficf maintains that, in the
cafe here recited, a Jingle tithe only is to be collected from the
Mujfulman proprietor; nor will the lands, whilft in his poflèfiion, be
fubjeit to any further impoft, lince the only principle upon which
double tithe had been exacted of the Toglibee was the infidelity of the
proprietor; and this, upon the devolving of the property to a Mujful-
man, is done away. Aboo Yoofaf, in the Kadooree, has further faid
that (according to the Rawayét-Saheeh) the opinion of Mohammed is
the fame as that here recited. Our author, however,, remarks that it
is moll certain that Mohammed coincides entirely with Haneefa in his
* By original compa&s between the Mujjulmam and Toglibees. T h is is éxpreflèd at
large under the head of- Seyir.
VOL. I. H general