nor of any
fea fi or enter-
ta//ment.
He rauft attend
funerals,
and vifit the
lick.
Precautions
requifite in his
general conduct
and behaviour;
T he Kazeemuft riot accept of an invitation to any entertainment,
excepting a general one; becaufe a particular entertainment would
be fuppofed to have been given on account of his office, and his acceptance
of it would therefore render him liable to fufpicion: in op-
pofition to the cafe o f a general one.— This ordinance, which has been
adopted by the two Elders, applies equally to the feafts of relations and
others.— It is related, as an opinion of Mohammed, that the Kazee may
accept of an invitation to a feafi from his relation, although it be a
particular one, in the fame manner as he is permitted to accept of
prefents from him.—It is to be obferved that a particular entertainment
means fuch as depends entirely on the prefence of the Kazee; that is,
fuch as would not take place in cafe of his'abfence; and a general one
is the reverfe.
I t is fitting that the Kazee attend at funeral prayers; and alfo,
that he vifit thefick; for thefe are amongft the duties of a Muffulman,
inafmuch as the prophet, in enumerating fix incumbent offices of the
Mujfulmans towards each other, mentioned funeral prayers and the
vifiting o f the fick.— But it is requifite that, bn thefe occafions, he
make no unneceflary delay, nor permit any perfon to hold a converfa-
tion on the fubjeft of his fuit, left he fhould thereby afford room for
fufpicion.
T he Kazee muft not give an entertainment to one of the parties
in a fuit without the other; becaufe the prophet has prohibited this;
and alfo, becaufe it is of a fufpicious nature.
W hen the two parties meet in the affembly of the Kazee, he
muft behave to both (in regard to making them jit down, and. the
like) with an equal degree of attention; becaufe the prophet has laid,
Let a fir ill equality be obferved towards the parties in a fu it with
“ refpehl to their fitting down, or directing them, or looking towards
“ t h e m r
T he Kazee muft not fpeak privately to either of the parties, or
make figns towards him, to give him inftrudtions or fupport his argument
; for,' befides giving rife to fufpicion, he would thereby deprefs
the other party, who might be induced to- forego his claim, from an
opinion that the Kazee was biaffed towards the other. ,
T he Kazee muft not fmile in the face of one of the parties, becaufe
that will give him a confidence above the other; neither muft
he give too much encouragement to either, as he would thereby de-
ftroy the proper awe and refpeCt due to his office.
It is abominable in the Kdzee to prompt or injlruB a witnefs, by
faying to him, (for inftance) “ Is not your evidence to this or to
“ that effeCt ?” Becaufe affiftance is thereby, in effedt, given to one
of the parties; and it is therefore abominable, in the fame manner, as
it would be to inftrudt either of the parties themfelves.— Aboo Toofaf
has faid that inftrudtion to a witnefs, on an occafion free from fufpicion,
is laudable;— becaufe a witnefs may fometimes be at a ftand from
the awe with which he is ftruck in the aflembly of the Kdzee; and
in fuch cafe to encourage him, in order to give life to the right of his
party, is the fame as the deputing of a perfon to compel the appearance
of the defendant in court, which is lawful, notwithftanding it
be an affiftance to the plaintiff.— As, alfo, it is lawful to exadt bail
from the defendant, although an affiftance be thereby given to the
plaintiff; in the fame manner it is lawful to give encouragement to a
witnefs, to preferve his right, although affiftance be thereby offered
to one of the parties'.
T he Kdzee muft not give judgment when he is hungry or thirfty,
‘becaufe fuch fituations diminiffi the intellect and underftanding of the
perfon affedted by them. Neither muft he give judgment when he
is in a paffion, or when he has filled his ftomach with food, becaufe
the
andinhis conduit
towards
witnefles in
court, or
whilft giving
evidence.
He muft not
givejudgment
at a time when
his underftanding
is
not perfelUy
clear and-unbiased.