iS P U N I S H M E N T S . Book V 1L
account a P^gnant woman commit whoredom, and her punifhment be
ftcgiancy. lapidation, the execution muft be delayed until her delivery, for if {he
were to be ftoned whilft pregnant, the child would be deftroyed in her
womb, and its blood is not to be taken; and if her punilhment be.
Jcourging, the execution muft be deferred until {he {hall have recovered
from her labour, as that is a fpecies of ficknefs, wherefore a
delay muft be made until her health be perfectly reftored : contrary
to a cafe of Jioning, where the punilhment need not be delayed until a
perfect recovery, fince the delay in this cafe is only with a view to
the prefervation of the child in her womb, which is feparated from
her upon the inftant of its birth. It is recorded from Haneefa that in
Jioning alfo the execution muft .be delayed until the child become independent
of her care, in cafe there {hould be no other perfon to fofter
it in her {lead, beeaufe by this delay the child is preferved from de-
ftruCtion ; and it is moreover related that when Ghamdeta, after her
delivery, came before the prophet, that he might execute punilhment
upon her, he faid to her “ Go and remain until fuch time as your child
A pregnant “ is independent o f you.”— A n d o b s e r v e ,— If a pregnant woman be
^acd"upon convicted of whoredom upon evidence {he muft be confined in prifon
lyUnce, mull -until {he be delivered, left {lie be impn- . {hould abfeond contrarJy to a cafe
fcned. where a pregnant woman is convicted upon her own confeffion ; for
in this cafe Ihe is not to be confined, as her denial after confeffion muft
be credited, (for which reafon punilhment is remitted in cafe of her
denial,)wherefore to imprifon her would be ufelels.
C H A P . II.
Of the Carnal Conjunction which occafions Punijhminf%
and of that which does not occafion it.
of T h e carnal conjunction which occafions punifhment is Zinna, or,
Zitma. whoredom; and this, both in its primitive lenfe, and alfo in its legal
acceptation,
C hap. II. P U N I S H M E N T S .
acceptation, fignifies the carnal conjunction of a man with a woman
who is not his property, either by right of marriage or of bondage,
and in whom he has no erroneous property, beeaufe Zinna is the denomination
of an unlawful conjunction <f the fexes, and this illegality is
univerfally underftood where fuch conjunction takes place,devoid of
proprety, either adual or erroneoujly fuppofed. What is here faid is
the definition of whoredom with refpeCt to a man:—-as to the whoredom
.of a woman, it limply fignifies her admitting the man to commit
the fact.
E r r o r in carnal conjunction is of two kinds,— the firJL, Definition of
error in relpeCt to the act, which is termed Shoobha-Ijhtibah, or error nai conjunc-
o f mifconceptionthe fecond, error in relpeCt to the fubjeCl, which tlon-
is termed Shoobha-Hookmee, [error by effeCt J or Shaba-Milk [erroneous
propriety.]— The firft of thefediftinCtionsof error is not eftabliftied,
nor underftood, but with relpeCt to a man who miftakes an illegal
carnal conjunction for legal, beeaufe Ijhtibah fignifies the man having
carnal intercourfe with a woman, under the fuppofition of the lame
being lawful to him, in eonfequence of his fuppofing fomething other
than that which is neceflary to conftitute legality as affording an argument
of fuch 'legality-; it is therefore neceflary that this miftake
Ihould have operated in his mind in order to eftablifh Ijhtibah, or mifconception
; and hence this fpecies of error is not underftood, except
in the cafe of a perlon who is under fuch milapprehenfion.— The
fecond fpecies of error is eftabliftied, where the argument of the legality
of carnal conjunction exifts in itfelf, but yet practice cannot take
place upon it, 'beeaufe of fome obftaole ; and this does not depend
upon the apprehenfion or belief o f the perfon who commits the unlawful
a f t ; whence this Ipecies of error is regarded in relpeCt to all
men, that is to fay, men who fo conceive, and alfo thole who do
not.— And punifliment drops in eonfequence of the exiftence of either
o f thefe two fpecies of error., on account of a well-known tradition.
D a In