defer breaking the feal of the letter until the integrity of the bearers
be proved.
It is rendered I One Kdzee muft not accept a letter from another, unlefs the Kdzee
void by the . . . . . .
death or dif- that wrote it be, at the time, Hill fixed and eftablilhed in his office._
writeAIuhe6 therefore, prior to the receipt of the letter, the Kdzee that wrote it
interim; ffiould have died, or have been difmifled from his office, or have become
difqualified from the duties of it, from apoftacy or infanity, or
from having fufiered puniffiment for Hander,— the Kdzee to whom
the letter is addrefled muft then rejed i t ; becaufe the author of it being
at that period reduced to the level of the people, any information
from him, independent of what relates to himfelf, or mutually to them
°r k°th, is not admiffible.— So likewife, if the Kazee to whom the letter
dreffed) by is addrefled ffiould have died, another Kdzee muft not open it, unlefs
difmtfkm of the addrefs run in this manner, “ T o the fon o f ------Kdzee of the
him to whom “ city o f ------or to whatever Kdzee it may concern, this letter,”—
niitted. in which cafe another Kdzee may receive it, becaufe he is comprehended
in the addrefs from the fpecification of his office and city.— If
the addrefs, however, be merely, “ T o whatever Kdzee it may con-
“ cem,” he is not entitled to open it, from the uncertainty of the
addrefs.
If the defendant die previous to the arrival of the letter with the
Kdzee, judgment muft be palled upon it in prefence of his heir, as
being his reprefentative.
It is not admiffible
in
xales of pu-
nilhment or
retaliation.
A letter from one Kdzee to another is not valid in cafes of retaliation
or puniffiment; becaufe as in fuch a letter there exifts a fem-
blance of fubftitution, (for the letter is not itfelf evidence, but merely
a fubjlitute for evidence,) it is therefore equivalent to evidence upon
evidence; and as evidence upon evidence is not admitted in thefe cafesj
the letter of a Kdzee cannot be admitted.
s e c t io n
C h a p , I I . T H E K A Z E E ,
S E C T I O N,
A WOMAN may execute the duties of a Kdzee in every Cafe except
punifhment or retaliation, in-conformity with the rule that the evidence
of a woman is admiffible in every cafe except in cafes of puniffiment
or retaliation; for the rules o f jurifdiction are derived from the
rules of evidence, as was before ftated.
I t is not permitted to a Kdzee to appoint a'deputy, unlefs he have
received a fpecial power from the Imdm to that effed; for although
he have been himfelf appointed to the office of Kdzee, yet he has not
been empowered to confer fuch appointment on another..— Hence in
the fame manner as it is unlawful for an agent to appoint an agent
unlefs with the permiffion of his conftituent, fo is it unlawful for a
Kdzee to appoint a deputy unlefs by the authority of the Imdm._It is
otherwife with relped to a perfon appointed to read the Friday’s
prayers ; for he may appoint a deputy to ad for him, fince i f any
delay fliould happen in the performance of this fervice, the prayers
would become void and null, as the period for them is fixed: the appointment
of a perfon to read thefe prayers, therefore, is virtually an
argument of his being empowered to appoint a deputy to ad for him
with a view to prevent the nullity of the fervice:— contrary to ju r if -
dtdiion, which not depending on a fixed period, is not therefore defeated
by delay.
If a Kazee, not having power to appoint a deputy, ffiould never-
thelefs appoint one, and the faid deputy, either in prefence of the Kdzee
or in his abfence but with his approbation, pafs a decree, the decree
fo piaffed is valid;— m the fame manner as where the agent of an ao-ent
performs any ad in the prefence of the agent, or with his confent,
in which cafe fuch ad is valid.— T h e ground of this is that the de-
V ol. II. . 4 M
A woman
may execute
the office of
Kazee in all
cafes of property.
A Kazee is
not at liberty
to appoint a
deputy, without
the authority
of the
Imam:
but the decrees
o f the
deputy,paffed
in his pre-
fence or. with,
his approbation,
are valid.
cree