general principle, that the -import upon the land continues as before ;
but he [Mohammed] carries this ftill- farther ; for, as where a Muffut-
man purchafes lands, fubjebt to double import, o f a Toglibee, the fame
continues upon him, fo, i f a Toglibee were to purchafe lands o f a
Mujfulman, ftibjebt only to Angle import, he, will not have to pay any
more than the faid Angle import, Ance a change in the property
makes no alteration with refpebt to thofe rules to which the lands are
fubjebt.
If a Mujful'man fell his lands to a Chrijiian, who is a Zimmee and
Land devolv- not a' 'Toglibee, and the Chrijiian aforefaid have feizin of thofe lands,
Mujjulman Haneefa holds that tribute is- to be collebted from the fame, the pay- -
becomeTfub- ment of tributebdmg a cenfequence of inAdelity. According to Aboo
jeti to tribute. Toofaf, the double tithe■ collected therefrom is to be expended upon
the objects of the expenditure of tribute, which is a mode- of adjuft-
ment eaAer than that of thus exchanging tithe for tribute. Mohammed
holds that the lands remain fubjebt to tithe as before; and he- moreover
maintains that the tithe, collebted from thofe lands, is- to be
applied to the purpofes of Zak&t.— It is to be obferved that, i f a Mdf-
Julman were to take thofe lands of a Chrijiian in right of Shaffa*, or if
the property in them were to revert to the feller, being a Mujfulman, oil
account of the fale having been invalid, in either cafe the lands remain
fubjebt to tithe, as before; in the Arft inftance, becaufe the MuJfuL-
man, asShffeey, murt effebt his purpofe (of obtaining the lands in right
of Shaffa) by means of a contract of fale with the proprietor, wherefore
the tranfabtion here, in fabt, amounts to his purchafing the lands-;
and, in the fecond inftance, becaufe, by the property in the land.reverting
to the Mujfulman proprietor, on account of any invalidity in the Aile,
the cafe remains the fame as if no transfer by fale had ever been, made ;
moreover, the Mujfulman $ right is in no refpebt afFebted by fuch invalidity,
Ance it is proper that that tranfabtion be altogether difre-
garded; whence the cafe remains the fame as if no fale had ever
* Neighbourhood\ or conjunction o f property, which gives a right o S pre-emption.
f Th e perfon in whom the right of pre-emption lies.
7 taken
taken place ; and for all thefe reafons the land will continue fubjebt
to tithe as before. -
If a Mujfulman convert the ground o f his habitation into a garden,
the fame having been his original property, (that is to fay, he being
thz fir jl grantee,) he owes tithe upon it where he waters it with tithe-
water, or tribute where he waters it with tribute-water, becaufe this-
land is not, in its original defeription, either tithe-land or tribute-\znA,
and in fuch ground the mode of watering is the ftandard of the expen fe
of cultivation.
A Majoos * does not owe either tithe or tribute for his habitation,
becaufe Omar exempted dwellings from all import. But, i f the
Majoos were to convert the ground of his habitation into a garden,
he owes tribute upon the fame, although he fhould water it with tithe-
water, as he cannot lie under any obligation to pay tithe, becaufe that
bears the fenfe of an oblation and a ll o f piety, of which an inAdel
is held to be'incapable ; he is appointed, therefore, to pay tribute,
which is conformable to his Atuation, as being a fort of infliction.
Our author remarks that analogy, (from the opinion of the two dif-
ciples,) would -fuggeft that the Majoos owes tithe where the land is
cultivated with tithe'- water; Jingle tithe, according to Mohammed; and
double, according to Aboo Toofcff:— the reafons for this have been
related before.
R ain-water, and the water df wells and fountains, and of lakes
which are not Under the particular authority of any individual, is what
is termed tithe- water; and the water of the artificial canals and aque-
dubts, eonftrubted by the kings of Ajim (folks as the river of Tezdejirdj)
is tribute- water.
* Meaning a worfhrpper of f i r e - a Magus, or Majian.
Cafe of a
Mujfulman,
Cafe of a
Majoos.
Definition of
tithe - water
and of tribute-
water.
H 2 T h e