witneffes are requifite, fo alfo in the confeffion thereof four repetitions
are requifite, and for the fame reafon, namely, that it is laudable
to conceal infirmity; and this condition of the repetition of confeffion
has, a tendency to conceal infirmity. The reafons for efta.bliffiing four
appearances of the perfon confeffingas a condition are twofold;— f i r s t ,
the tradition of Mdaz, as already related;— s e c o n d l y , a plurality of
confejfwns is made a condition, and that cannot be obtained without a
plurality of appearances on the part of the confeflor, fine© one effeCt of
an unity of place or appearance is to render the feparate. declaration of
the fame thing as one declaration and hence four confeffipn.s,. in a
(ingle appearance *, amount only to a fingle confeffion; and as con-
feffion relates, only to the perfon cotifeffing, the unity, or otherwife,
of his appearance, is regarded, and, not that of the Kastee's alfembly;
and this appearance is made four Separate times, by the Kazee repelling
the perfon’s find confeffion, and. faying to him “ Thou, art mad !”
and fuch other words, the perfon,, upon the, Kdzee thus repelling, his.
confeffion, going forth, fp, 3s to be.out of tljjfc Kazee’ s fight,. and, returning
again, and repeating his confeffion;— and fo, on. to, the fourth
time. This is recorded from Apoo Hcmeefa,. on the authority of the
conduct of the prophet in the inftance of Mdaz, whom he, thus .font
out of his fight three different times.
* T h e term M a jlis, w hich, for the fake o f perfpicuity, is in this place tranflated appearance,
literally fignifies. a fea t or. place o ffittin g ; and it may admit-of various explanations,
according to the circumftance under which it is applied, or the perfon to whqm it relates.
W h en it is mentioned.as the M a jlis o f the K azee, it means the public ajfemhly or court of.
that magiftrate : when it applies .folely to thy parties who come to make any declaration
before the Kazee, it may be rendered the appearance o f that party in co u r t . I t alfo frequently
refers to a p rivate company, and fometimes merely to the pojhtre o f the party (as
in the cafe of.divorce left at the. option o f, the. w ife .) . In Ihort, to define, the- true and,’
precife application o f the term M a jlis in the prefent cafe regard mu lt be had to the M u jju l-
man uiages, it being cuftomary for the K azee tp admit people, to deliver the fublta'nce o f
their teftimony in a fittin g pofture, and hence every time the party arifys and again refumes-
Ins feat may be rendered a new appearance o f that party in court.
W hen
W hen confeffion (hall have been made in this manner four different
times, the Kazee muff then proceed to examine the perfon fo
confeffing, alking him “ What is whoredom?— and, “ where, and
“ in -what manner, and with whom— have you committed this whore-
“ dom r” —-All which duly obfefved, the perfon confeffing becomes
then properly obnoxious to puniffiment, as the proof is complete.
The advantages attending the examination of the confeffing perfon
have been already explained under the head of witneffes bearing evidence
to whoredom: but it is to be obferved that although it be
directed there that the Kazee, examine, the witneffes with refpeCt
to the time of the perpetration of the faCl, yet it is not requifite
to put a fimilar queftion to a perfon who confejfes,- becaufo that delay-
which would impeach the credibility of a witnefs does not in any re-
fpe£l impugn the credibility of a perfon who makes a voluntary con- ■
feffion: fome, however, have faid that if the.Kdzee interrogate foch a:,
perfon with refpeCt to the time of the faCt, it is lawful, fince it is
poffible. that it may have been committed during Infancy..
If the perfon confeffing ffiould deny the fad, andretraCtfrom
fiis confeffion, either before or during the infliction of puniffiment, his
retractation mult be credited, and he muff forthwith be released.__
Shafei and Ibn. Lailee^ have faid that retractation after confeffion is not
to be credited, but that, the puniffiment mult be inflicted, fince as it
has been' already incurred' by the cOnfeffi&ir, it cfattnot be dorie away
in confequence of denial; as in a cafe where whoredom is eftabliffied i
againft a perfon upon the teftimony of witneffes;— or as ih a cafe of re- -
taliation, or of puniffiment for. flandet;— that is fo fay, when retalia-
tion or puniffiment for {lander are once eftabliffied-upon the eon-
feffion of the offender, they do riot drop iri coftfequenoe o f his ffibfe- -
qaient denial of the faCt;- and fo in this cafe likewife. The argument
of our. doctors is that denial after confeffion-',is an intimation^ which
0 ‘ke the. confeffion): may be- either - / ^ of l» j& j arid there is no -
pfrfon to difprove fuch denial; .and, hence, .from the inconfiftencv
O . J
The perfon
con feeing
mult be particularly
exa-.
mined.
A perfon may
retra£l from ;
his confeffiom