A£ls o f lafci-
vioufnefs are
to be correft-
ed by Tazeev,
and fo like-
wife fodomy,
committed
with a ftrange
womanj
the procreation of children, and to this every daughter of Adam is
competent; the cafe therefore admits of the contraft being engaged:
in with refpeft to all its effefts, and of all its effefts being obtained
from i t ; but on account of the prohibition in the facred text, the
legalization of generation is not obtained ; and fuch being the cafe
error is occafioned, as error is a thing which is the appearance of a.
proof, and not the fubfance of one; and as, in the prefent cafe, the
man has perpetrated an offence for which the fa ted punilhment, or
Hidd, is not appointed, 1 ’azeer, or difcretionary correction, muff be
inflicted*
If a man- commit any aft: oflafcivioufnefs with a ftrange woman-
fuch as Takhfeez * , he is to- be corrected by Tazeer, fince fuch aCts-
are illegal and forbidden-by the word of God : but a ftated punilhment.
is not appointed for t h e m ‘Tazcer muft therefore be inflicted upon
that perlon-
If a man copulate with a ftrange woman in ano,— (that is, commit
the aft of fodomy with her,) there is no ftated punilhment for him,,
according to Haneefa-, but he is to be corrected by fazcer. The-
Jama Sagheer direfts an aggravation of the fazeer dr correction in;
this cafe, and fays that the offender muft be kept in a, place of confinement
until he declare his repentance. The two difciples haver
faid-that as this aft refembles whoredom, the perfon committing it is
fubjeft to the ftated punilhment for whoredom; and there is one
opinion o i Shafei to this effeft; but another opinion of his is that
the parties- lhould be put to death, of whatever defcription they,
maybe,— that is, whether they be married or not,— becaufe the prophet
has faid “ Slay both the a c t i v e and the p a s s i v e , ” (or, according
to another tradition, “ Stone both the a g e n t and the s u b j e c t . ” ) —
The argument of the two difciples is that the aft in queftion has the:
* Renem fricecus. inter femora...
propertyproperty
of whoredom, as that is defined to be “ an aft of lull com-
“ mitted in that which is the objeft of the paflion, completely, and
“ under fuch circumftances as to be purely unlawful, and where the
14 defign is the injeftion of Semen* Haneefa, on the other hand,
argues that this conjunction is not atlual whoredom, becaufe the companions
of the prophet have difagreed concerning their decrees upon
it, for feme of them have faid that offenders of this kind lhould be
burnt, feme, that they lhould be buried alive, others, that they
lhould be cajl headlong from fame high place, fuch as the top of a
houfe, and then be fon ed to death,— and, fo forth: moreover, the
conjunction in queftion has not the property of whoredom, as it
is not the means of producing offspring, fo as (like whoredom) to
oecalion any default in birth or. confulion in genealogy; belides,
this fpecies of carnal intercourfe is, of lefs frequent occurrence than
whoredom, becaufe the defire for it exifts, .only on the pai t of the
adtive and not of the p'ajfve, whereas in whoredom the defire exifts
equally on both tides. As to the. tradition cited by Shafei, it probably
relates to a cafe where an extraordingfiya and exemplary punilhment is
requifite; or where the perpetrator inculcates and infills upon the law-
fulnels of the aft.
If a man commit befiiality he does not incur Hidd, or ftated pu- and beftialu,.
nilhment, as thtS< aft has not the, properties of whoredom, for whoredom
is a heinous offence, as being a complete aft of lull, to which
men feel a natural propenfity i but this -definition does not apply to
copulation with beafs, w h ic h is abhorred by an .undepraved mind,
(whence it is not held incumbent to cover or conceal the genitals of
brutes;) and men can have no reafon for defiring carnal connexion
with brutes, but from the moll vitiated appetite, and the utmoft depravity
of fentiment \— Hiddtherefore is not incurred by this perlon;
but he is to be punilhed by a difcretionary correftion, for the reafqns
already fpecified. It is recorded, alfo, that the beaft lhould be {lain and
burnt: this, however, is only where the animal is not of an eatable
fpecies ; but if it be of the'eatable fpecies it is to be' eaten, (according
E 2 to