T h e river of Khdrzim, called the Jyhoon [Oxus] is tithe-water,
according to Mohammed; and fo likewife is the Shyhoon, and alfo the
D ijlet [Tigris] and the Ftrat [Euphrates,] becaufe thofe rivers are
not under the authority of any perfon whatever, nor is any one entitled
to an. exclufive priviledge with refpedl to-them, wherefore they are
the fame as the open fea. Aboo Yoofaf confiders the waters of all
thofe rivers as tribute-water, becaufe bridges of boats are occalionally
thrown over them, which is an a£t of feizin, evincing that thofe who
do lo are the guardians of the ftream; and hence the water o f thole
rivers mull neceflarily be deemed tribute-water.
Import npon T h e lands of infants or women of the 1’ovlib tribe are fubiedt to
land the pro- * r . . r J •
party of Tog- the fame laws as thofe of the men of that tribe : that is to fay, upon
infams?en°r their l/Ar-lands is impofed double tithe, and upon their tribute-lands
iingle tribute; becaufe peace was made with them on the terms of
double contribution to purpofes of charity, but not to the fervice of
the Hate: moreover, the lands o f Mujfulman infants or women are
fubjeft to a Angle tithe, and therefore the fame is to be levied twofold
upon the lands of l ’oglib women and children.
U p o n fountains of pitch or bitumen, or wells o f fulphur, nothing
is due where they are found in n'Me-lands, becaufe thofe productions
do not come under the defcription o f growing out o f the earth [vegetables,]
but are rather the lame as the water of fountains, which
fpring out of its bofom, and are not fubjedl to any impoft. The proprietor
o f fuch places, however, is fubjedt to tribute where they exift
in /r/te<?-lands ; but this is to be underftood only provided the contiguous
foil be capable of cultivation, becaufe the impolition o f tribute
depends upon the proprietor of the land being able to cultivate the
fame.
CHAP.
§
C H A P . VII.
O f the Dilburfement of Z a k â t , and of the Perfons to whofe
Ufe it is to be applied.
T he objefts of the dilburfement of Z a k  t are-of eight different
defcriptions : f ir s t , Fakeers -secondly, Mijkeens*;— th ir d l y ,
the colleftor of Zakât, (provided he be not a Hajhimee + ;)— fourthl
y , Mokâtibs, (upon whom Zakât is- bellowed, in order to enable
them, by fulfilling their contraa o f JFîtcibat, to procure their freedom;)—
f if th l y , debtors not polfelfed o f property amounting to a
1Sfifâb ;— SIXTHLY, Fee Sabeei Oola, [in the fervice of God % ;]—
seventhly, Ibnus Sabeei, or travellers and e ig h th l y , Mowlefut-
al-kalloob%. And thofe eight defcriptions are the original obje&s o f the
expenditure of Zakât, being particularly fpecified as fuch in the
Koran ; and there are, therefore, no other proper or legal objects
of its application. With refpea to the laft, however, [Mowlefut-
al-kaloob,\ the law has ceafed to operate, fince the time of the prophet,
becaufe he ufed to bellow Zakât upon them as a bribe or gratuity
to prevent them from moleliing the Mujfulmans, and alfis to
fecure their oocafional alfillance ; but when God gave ftrength to the
faith, and to its followers, and rendered the Mujfulmans indépendant
of fuch alfillance, the occafion of bellowing this gratuity upon them
no longer remained; and all the doctors unite in this opinion. By
the term Fakeers is to be underftood perfons poflèfifed o f property,
* Fakeer and Mifkeen both apply to perfow in want; the dtftm&ion between thefe two
terms is fully explained in the definition of them, a lit-tle lower dpwn,
f A defeendant from the tribe of the prophet.
t Th e meaning of this phrafe is more particularly deferibed in another part o f this
chapter.
§ The tranflator is not able to find any precife meaning for this term in the lexicons.
By Kullub is underftood an Aftl Arbee> or original Arabian of the defert, and. it is probable
that fome tribe of thefe is alluded to in this place.
Perfons to
whofe ufe
Zakat is to
be applied.
Definition of
the terms
Fakeer and
the