proper objedh Our author remarks it as an opinion of the learned in
the law, that it is not incumbent upon the people to pay tribute over
again, becaufe the rebels are alfo warriors, who make war upon infidels*,
and are therefore proper objedls of expenditure of tribute, although
they be rebels; and in the lame manner, it is not incumbent
upon them to pay tithe a fecond time, where.the rebels are in a ftate
but upon the of poverty, lince tithe is a right of the poor:— but fo r the future the
the°territory, Imdm will collgdt tithe and tribute from thofe people, becaufe he
to be collected t^len Prote<^s them, and confequently his authority over them is
as before. evident.
1
One rebel
killing another
does
not incur any
fine.
I f, in an army of rebels, one of them kill another, and the rebels
be afterwards overcome by the troops of the rightful Imam, no fine of
blood is exadled of the flayer; nor is he fubjedl to retaliation; becaufe
the authority of the rightful Imam did not extend over him at the
time of the murder, and hence the act does not occafion either retaliation
or fine;—in the fame manner as a murder committed in a
foreign country; that is, if one Muffulman kill another in a foreign
country, and the Muffulman forces afterwards overcome that territory,
the murderer is not liable to any punilhment;—and fo alfo in the cafe
in qucftion;— becaufe the reafon (namely, non-exiftence of the Imam's
authority at the time of the fact,) appears in both cafes alike.
1
Murder, committed
in a
city poflefled
by rebels, but
where they
have not efta-
blifhed any
jurifdiftion,
' upon recovery
o f the city
occaiions retaliation.
If rebels overcome a city, and one of the inhabitants wilfully
murder another, and the troops of the rightful Imdm afterwards recover
the city and drive the rebels away, before they have been able
to eftabliih any jurifdi&ion over the inhabitants, in this cafe retaliation
mu ft be executed upon the murderer, becaufe in fuch an inftance the
authority of the Imdm has never been completely terminated there:—
retaliation is therefore due.
As being Mujfutmans, and confecjuentiy fubjedt to the divine injunftion in this par-
I f
iLLc-
. I f a perfon, not a rebel, flay a rebel, the murderer neverthelefs in- ^
herits of the rebel*, where connexion of inheritance fubfifts between rebel may yet
the parties (fuch as father and fon for inftance.)— If, moreover, one rebel ^,n. an(j> ;n
kill another, and declare that “ he had {lain him in the right'fy” and the fame man.
perfift in this declaration, in this cafe alfo the flayer inherits of the flain: may inherit
but if the flayer aver that “ he had killed him unrightfully," in this
cafe he cannot inherit of him. This is the do&rine of Haneefa and tifytheaft.
Mohammed. Aboo Toofaf maintains that the flayer cannot inherit ,of
the flain in either cafe, and fuch is alfo the opinion of Shafei. This,
difference of opinion has its foundation in the rule of our doctors,
that where any perfon, not a rebel, deftroys either the perfon or the
property of a rebel, nothing whatever is incumbent upon him, neither
fine, retaliation, nor indemnification for the property,— nor is he an,
offender, becaufe every perfon not rebellious is commanded to make,
war upon rebels,, for the purpofe of repelling their wickednefs;— and
in the fame manner a rebel, if he kill one who is, not a rebel, is not
liable either to fine or retaliation:— but yet he is an offender— According
to Shafei, on the other hand, (in conformity with an opinion of
his before delivered,) the rebel is liable to fine, retaliation, or indemnification
for the property:— and the fame difference of opinion obtains
in a cafe where an apoftate. dies,, or deferts to a foreign country, after,
having deftroyed the perfon or property of any one. The argument,
of Shafei is that the rebel in queftion has, deftroyed proteded property,
or has flain a perfon of protected' blood, and. is confequently anfwer-
able, in the fame manner as is the rule with refpecd to an apoftate.
who is guilty of a deftrudlion of perfon or property before he has
become independent of the Muffulman government J by uniting him-
* By the law of inheritance, a murderer is incapacitated from inheriting of the .perfon
whom he has murdered, whatever be their relative connexion.
f That is, in the caufe of the rightful Imdmy as being a rebel..
J Literally, before he has acquired a power o f open refinance, for upon-this power o f open
refinance being (by whatever means) acquired, a perfon is no longer confidered as being
fubjefi to the law. ®
felf