to the mafter, whence it is that capitation-tax is impofed upon the
freedman of a Muffiilman, who is a Chriftian.— It is o'therwife with
refpeö to the prohibition-' of alins, becaufe prohibition is eftablilhed by
doubt, whence it is that the freedman of a Hajhimee is connefred with
the Hajhimee,'with refpeft to the prohibition of alms. 1
Objection.—It would hence follow that alms ate unlawful.to
the freedman of a rich perfon, in the fame, manner as they are unlawful
to the rich perfon himfelf; whereas the cafe is otherwife. ■
Reply.-—Alms are not unlawful to the freedman of a rich perfon,
becaufe the rich perfon himfelf may be one to whom alms are lawful,
but prohibited by wealth, which caufe of prohibition 'does not exift
with refpeft to his freedman — a Hajhimee, on the'contraryyiscutterly
incapable of receiving alms, as he is, by the dignity and fuperiority
of his rank, precluded, from accepting of them; and hence his freedman
is CQJinedted with him as far as refpedts the illegality of alms.
Tribute,capi-:
ration-tax, \
and public
prefen ts, to be
expended in
defraying all
public
charges.
T ribute, and all other exactions from the property of the
Bjimcy-Tighli’o tribe, as well as the prefents lent by foreigners to -the
Imam, together with capitation-tax, is expended upon, the purpofes
of the Mujfulmam, fuch. as the conftruftion- of fortreffès upon the
Mujfulman. frontiers, building of bridges, and fo forth;— Out of
thefe, alfo, a fufficient .allowance is to be paid to the Mujfulman ma-
giftrates, public .officers, and learned men.— Subfiftenoe is alfo paid
out of this property to the warriors, and their families’; becaufe the
acquifitions in-queftion are the property of the public treafury, as being
obtained, by .the Mujfulmans without Jighting-, and the propertyin
the public treafury is referved for the -purpofes of the MuJJulmans and
of the: warriors in their fervice;— for the maintenance of a" family refis"
upon the head of that. family,» wherefore if he do hot receive what
may fuffice for their fupport, he will be under a continual neceffity of
feeking a fubfiflence for them, and canfequently, by a variety of engagements,
will be occafionally difabled from fervice.
I f
I f any warrior, or other perfon, die in the middle of the year,
bavin<>■ a fubfiflence appointed to him out of the public treafury, his
heirsfre not entitled to any of the pay fo appointed for him, becaufe
this pay is a fpecies of gratuity, and not a debt, (whence it is termed
A tta*,') and therefore does not become his property until he has obtained
poffeffion of it, and ceafes upon his deceafe, and confequently
is not an inheritance. If, however, a perfon die towards the end of the
year, it is laudable to give his pay to his relations. (Atta is the appointed
allowance entered in the books of t\xo Sultan, for foldiers, and
for the minifters of religion, who are, in the prefent times, Kdzees>
Mooftees, and Doctors ft. In the beginning of IJldm, Atta was appointed
for any perfons of diftinftion, fuch as the wives of the.faithful,
and the families of thofe who were perfecuted.).
Arrears of
pay ceafe
upon the deceafe
of the
perfon to
whom they-
are due.
C H A P . IX..
Of the Laws concerning Afojlates.
W h e n a Mujfulman apoflatizes from the faith, an expofition thereof An expofition'
is to be laid before him, in fuch a manner that if his apoftacy ffiould ^^laidte!'
have arifen from any religious doubts or fcruples, thofe may be re- forean aPrf--
moved. The. reafon for laying an expofition bf the faith before him
is .that it is poffible fome doubts or errors may have arifen in his mind,
which may be removed by fuch expofition; and as there are only two
modes of repelling the fin of apoftacy, namely, defiruBion or IJldm,
and IJldm is preferable to deftrudtion, the evil is rather to be removed . .
by means of an expofition of the faith;— but yet this expofition of the;
* Angelica, BOUNTY. mi ii. t Arab. Moodris : a title for any.learned perfon.
G g faith