He mart execute
his duty
in a mofqut—■
or other public
place;.
i f hefhould fir ft have declared “ this property belongs to Zeyd," (for
inftance,) and afterwards, “ the difmiflèd Kazee depofited this with
“ me,” and the Kazee affirm it to be the property of fome other than
Zeyd, in this cafe he [the pofleflor] muft give the property to Zeyd,
in favour of whom hé made the firft acknowledgment, as his right is,
rendered preferable by ftich acknowledgment; and he muft then give
a compenfation, alfo, to the difmiflèd Kazee, becaufe of his having afterwards
acknowledged that “ the faid property was in his cuftody;”
— and the difmiflèd Kazee muft give the compenfation fo received to
the perfon in favour of whom he makes the affirmation.
I t is requifite that the Kazee fit openly in a mofque for the execution'
of his office, in Order that his place may not be uncertain to. travellers
or to the inhabitants of the town.— The Jdma mofque * is the
moft eligible place, if it be fituated within the city, becaufe it is the
moft notorious.— Shaft'i maintains that it is abominable for a Kazee to
fit in a mofque for the execution of his duty, fince polytheifts are admitted
into the court of the Kazee, and thefe are declared in the
K o k a n to be filth .— Moreover, women during their monthly courfes
may enter the cobrt of the Kazee, but are not allowed admiflion into
a mofque.— The arguments of our doctors on this point are twofold.
F i r s t -, the prophet has faid “ mofques are intended fo r the fraife o f
God and the paffmg o f decrees;” and he moreover decided difputes
between litigants in the place of his Yettekaf [a particular.penance], by
which muft be underftood a mofque: - befides, the Rafhedian K halfs
fat in mofqües, for the purpofe of hearing and deciding caufes.—
Secondly, the duty of a K4 zee ° f a pious.nature, and is therefore
performed in mofques in the fame manner as prayers are offered there.
I—rIn anfwer tó Shafei, it is to be obferved, that as the impurity of
* The Jama mofque is the principal mofque in a town, where public prayer is read
every Friday: in oppofition to a MasjitL, which dignifies a fmaller mofque,, where public-
prayer is not read.
polytheifts
polytheifts relates to theirfa ith and not to their externals, they are not
therefore prohibited from entering a mofque; and with refpeft to
menftruous women,, they have it in their power to give notice of their
cafe to the Kazee, who may then go out and meet them at the gate of
the mofque, or depute fome other for that purpofe, as is done where
the cafe is of a nature unfit for public difcuffion.
T here is no impropriety in the Kazee's fitting in his . own houfe
to pafs judgment; but it is requifite that he give orders for a free ac-
cefs to the people.
I t is requifite that fuch people fit along with the Kazee as were
ufed to fit with him prior to his appointment to the office; becaufe, if
he were to fit alone in his houfe, he would thereby give rife to fuf-
picion.
or in his own
houfe;
and molt be
accompanied
by his ufual
afibciates.
T h e Kazee muft not accept of any prefents, excepting from rela- He muft not
tions allied to him within the prohibited degree's, or thofe from whom prefents, e x -
he was ufed to receive them prior to his appointment; neither of
which can be efteemed to be on account of his office, the one being in nmtcfritnir,
confequence of relationfhip, and the other of old acquaintance.— Ex cepting
thefe, therefore, he muft not accept prefents from any perfon,
as thefe would be confidered as given to him on account of his office,
and fuch it is unlawful for him to enjoy.— If, alfo, his relation within
the prohibited degrees, having a caufe depending before him, ffiould
offer him a prefent, it is incumbent on him to refufe it.— So likewife,
if any pei;fon aecuftomed to fend him prefents prior to his appointment
ffiould fend him more than ufual,— or if, having, a fuit before him, he
Ihould fend him any prefents^whatever; in neither cafe is it lawful
for him to accept them, fince they would be confidered as given to
him in . confequence of his office, and hence an abftinence from fuch
is indifpenfible. • , -.
T h e