f e w t h u s birth (for inftance) is an event at which none is prefent
but the midwifes the authority of the Kdzee is founded on the appointment
of the Sultan, which is feen only by the Vizier, or at moft a
few others; marriages and deaths are feen by but few; and cohabitation
by none. All thefe, however, are a£ts from which originate
many important concerns. If, therefore, the reality of thefe things
were not admitted upon hearlay evidence, many inconveniences would
refult: in oppofition to cafes offale, or the like, where privacy is not
required.— It is to be obferved that it is requifite, in thefe cafes, that
the information have been received from two juft men, or from one
juft man and two women— Some have advanced that in cafes of death
the information of one man or one woman is fufficient, becaufe death
is not feen by many, lince as it ocoalions horror the fight of it is
avoided.
and it mull W hen a perfon, in any of the above cafes, gives evidence from
be given m A . .. °
an abfolute creditable hearlay, it is requiiite that he give it in an abfolute manner,
manner. by faying, for inftance, “ I bear teftimony that A. is the fon of B .”
and- not, “ I bear teftimony fo. and fo, becaufe I have heard it,"_
for in that cafe the Kdzee cannot accept i t ;— in the fame manner as if
a perfon, having feen a thing in the hands of A . were to fay, “ This
“ thing is the property of A.” in which cafe his teftimony is valid :
but if he Ihould ftate that “ he gives evidence becaufe he has feen the
“ thing in the pojfeffion o f A ." the Kdzee could not accept his teftimony.—
So alfo, if a perfon fee another fitting in the court of juftice,
deciding in a fuit between plaintiff and defendant, it is lawful for him to
give evidence. that “ that perfon was a Kdzee:"— or, if a perfon fee a
man and woman dwelling in the fame, houfe, and condu&ing them-
felves towards one another in the manner of hufband and wife, he may
lawfully .give evidence of their being hufband and wife; in the fame
manner as it is lawful for a perfon who fees a melon in the hand of
another to give evidence that it is the property of that perfon.
If
If a perfon fay'that he was prefent at the burial o f another, or that Evidence to.
he had .reaej the funeral fervice over him, this amounts to the fame as a perfori
an a&ual fight of the death, infomuch that if he (hould explain to the
Kdzee the principle on which he gives his evidence, it will ftill be his death.
valid.
W hat is above advanced-, that “ it is not lawful for a perfon to
give evidence to fuch things as he has not a dually feen, excepting
“ in the cafes of birth, death, marriage, cohabitation, andthejurif-
“ diction of a Kdzee," is taken from Kadooree'j and from thefe particular
exceptions it may 'be inferred that hearfay evidence is unlawful
in every other inftance, fuch as Willa, charitable appropriations,
and fo forth.— It is indeed related, as the laft opinion of Aboo Yoofaf,
that evidence from hearfay is lawful in a cafe of Willa; becaufe Willa
is equivalent to relation by confanguinity, as the prophet has faid
“ W illa is a connexion like confanguinity A — It is alfo related, as
the opinion of Mohamnted, that hearfay evidence is lawful in a cafe of
appropriation; for as appropriation continues to operate for a long period
of time, the laws with relpeift to it would be rendered null if
hearfay evidence were not admitted to prove it.— Our doctors, however,
argue that Willa is founded upon a relinquilhment of right of
property; and as, in bearing evidence to that, actual fight is required,
it follows that it is in the fame manner required with refpeft to a matter
derived therefrom, namely, Willa.—With refpect to charitable appropriations,
on the contrary, hearfay evidence muft be admitted fo
far as regards the appropriation itfelf, (fuch as where the witnefs lays,
“ I atteft this to be a wakfi) but it is not admitted with relpeft to
any conditional reftrictions impofed by the appropriator; for although
the appropriation itfelf be notorious, yet the conditions of it
are not fo.
If a perfon fee any article, (excepting an adult male or female a right of
Have,) in the hands of another, he may in fuch cafe lawfully atteft
its