They may be
tonfigned to
a procurator.
Appropriations
may be
configned to
the prince or
chief magistrate.
Ip, in the cafes laft recited, the founder confign the article to a
Mooiwakc or procurator, fuch confignment is approved, becaufe the'
procurator is in the character of a deputy, and the aft of the deputy is
the aft of the principal. With refpeftto a mofque, indeed, fome allege
that the delivery of it to a procurator is not a complete confignment,.
becaufe there is no bufinefs for a procurator in a mofque. Others
again fay that confignment is eftablifhed, as it is neceflâry, in a mofque,
that there be fome perfon to keep it in order, and lock up the doors ;
the confignment of a mofque, therefore, to a procurator, is approved.
Some alfo aflert that a burying-ground is confidered in the fame light
as a mofque in this particular, becaufe the procurator of a burying-
ground is an office not in ufe. Others, again, maintain that it re-
fembles a refervoir, or earavanfera ; if, therefore, it be delivered to a
procurator, confignment is eftablifhed ; becaufe fuch an appointment
is valid although it be contrary to general ufage.
Ik a man, having a houfe in Mecca, appropriate it to the accommodation
of pilgrims, or, if a perfon, having a houfe in any other
place, appropriate it to the accommodation of the poor, or mendicants,
or, having a houfe upon the frontiers, dedicate it to the accommodation
of the Muffulman warriors and their cattle, or dedicate the revenue
from his lands to the fupport of the warriors in the way of God * ,
and make over or confign thofe houfes or lands to the prince, (who
isimpowered to a£t in thofe particulars,) fuch confignment is lawful.
If, therefore, the perfon in queftion be afterwards defrrous of revoking
his appropriation, he cannot lawfully do fo, for the reafons before
alleged. The revenue arifing from the lands, however, is lawful to
the poor only, and not to the rich :— but the ufe of any of the other
articles (fuch as refiding in the earavanfera, or drinking water from
the well, fountain, or refervoir,) are lawful to rich and poor alike.
* That is, en g a g e d in w a x e g a ln jl th e in fid e ls .
The
The reafons of this diftinftion are twofold. F irst, people iû general,
in the appropriation of a revenue, intend only the relief of the needy,
whereas, in that of the other articles, the accommodation of rich and
poor is equally intended. Secondly, the articles of drink and lodging
are requifite, equally, to the rich and to the poor; but in the
article of pecuniary affiftance the rich are not neceflitous, on account of
their wealth, whereas the poor are neceflitous.
H E d J T jS.