territory T h e reafon for reftricling the neceffity of expiation, in
all thele cafes, to accidental homicide, is that (according to our doctors)
there is no expiation in a cafe of wilful homicide.
S E C T I O N .
An alien reading
in the •
MuJJuhnan
territory
above a. year
is fubjeft to
capitation-
tax.
If an alien come, under a protedlion, into a Mujfulman territory,
the Imam muft not fuffer him freely to refide there for the complete
term of a year, but muft give him notice that “ i f he fhould remain
“ the full year he will impofe Jizyat [capitation-tax] upon him.”—
T h e reafon of this is that an alien is not to be allowed to continue in
the Mujfulman territory for any confiderable fpace of time, except in
flavery, or in confideration of paying the capitation-tax; becaufe, if
an alien were to continue for a confiderable term in the Mujfulman
territory in any other than one of thofe two ftates, he might become
a fpy on behalf of the alien infidels, to the detriment of the MuJJulmans.
He may be allowed, however, freely to remain for a Jhort time, for if
a Jhort refidence were prohibited, all intercourfe would be prevented,
and the door of Commerce would of courfe be clofed.— Our dodtors have
fixed the definition of a long fpace of time to the term of one year, [or
upwards,] becaufe a year is the term in which capitation-tax becomes
due.— If, therefore, the protected alien return to his own country
before the completion of the year, after the Imdm fhall have given him
notice, as above, he is not to be molefted, nor can the Imam demand
any capitation-tax from him:— but if he continue in the Mujfulman
territory for a whole year, he becomes a Zimmee, or fubjedl; becaufe,
when he remains a year in the Mujfulman territory after the Im&n s
* Meaning an alien converted to the Mujfulman faith.
notice to him, it is known that he undertakes to pay capitation
tax ; and he becomes a fubjedt of courfe.;— It is lawful for the
Imdm, however, to reftridl the free continuance of an alien in , the
MuJJuhnan .territory to any term Jhort of a year, (fuch as one or two
months, for inftance,) by giving him notice, that “ if he Ihould re-
“ main beyond fuch a time, he will impofe a capitation-tax upon
“ him;” after which, if he continue beyond the time prefcribed, he
becomes a Zimmee:— and after becoming a Zimmee, if he be defirous
of returning into his own country, he may be prevented; becaufe a
contradt of fealty cannot be diflolved, fince by the dilfolution of it a
flop is put to the receipt of capitation-tax;' and another confequence
alfo is induced, that fuch children as are born to him after the diflolu-
tion of the contradt are aliens, and of courfe enemies to the Mujfulmans,
which would be injurious to the latter.
I f an alien come, under a protedlion, into the Mujfulman territory, An alien be-
* r r • i t 1 1 * 1 1 c comes a Z //»- and there make a purchafe of tribute-land, and the tribute thereof be mee upon
impofed upon him, he becomes a Zimmee, or fubjedt; becaufe tribute
upon land is the fubftitute of a tax upon the perfon, (namely, capitation
tax;) and hence, when he undertakes the payment of tribute, it
is known that he has become a refident in the Mujfulman territory. He
does not, however, become a Zimmee immediately on the purchafe of
the land, nor until fuch time as he undertakes the payment of tribute,.
fince an alien may purchafe land in the way of trajfc :— but upon be- “ dist,ien
J r i *i i • • r liabletto cacoming
fubjedt to tribute, he alfo becomes liable to capitatiomtax for pitaiion-tax.
the enfuing year, becaufe by fubmitting to tribute he becomes a Zimmee,
and hence the term of his capitation-tax is to be accounted from
the time of his fubmitting to tribute.
If. an alien woman come; undera-protedlion, into the Mujfulman Ana[;en wo-
territory, and there marry a Zimmee or infidel, fubjedl, fhe becomes a
Zimmeea, becaufe fhe undertakes to refide in the Mujfulman ftate, as marrying a
being a dependant of her hufband.